Exam (elaborations)
SCL1501 EXAM PACK
- Course
- SCL1501
- Institution
- University Of South Africa
Exam of 37 pages for the course SCL1501 at University of South Africa (latest)
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SCL1501EXAM PACK
, lOMoARcPSD|12516119
SCL1501 EXAM PACK
Charles
061 458 0183
, lOMoARcPSD|12516119
SECTION 1
1.The point of departure for every law student is an understanding of the
concept of law.
1.1 Explain the difference between law and morality or religion (3)
The Law is the system of legal rules recognised and enforced by the government to
control human behaviour. It has the following characteristics:
❖ System of rules
❖ Intended to control human behaviour
❖ Should be recognised by the state
❖ Enforced by the state
On the other hand morality or religion refers to the principles concerning the distinction
between right and wrong or good and bad behaviour.
1.2 Illustrate with examples how the concepts law and rules are generally
confused by ordinary citizens or non-lawyers (3)
Citizens confuse laws and rules in the sense that they use them interchangeably,
yet they mean different things. However, it must be noted that the two are different
in that Laws are set and enforced by organs of state whereas rules are set and
enforced by organizations and individuals and Laws are inflexible and carry stiff
penalties while rules are more flexible and have lighter consequences when broken
2.1 With reference to the extract explain the concept ‘social contract” and the
role played by citizens in a democratic state.
SOCIAL CONTRACT refers to the consensus of a group of people who have willingly
united and agreed to a system of rules by which their lives will be governed, and which
provides order, protection and certainty in the situation
Frequently, the legal processes centre on an individual, who is a member of society.
In this light, let us now pause and consider the following quotation:
1
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Participation in the legal process is not limited to legal practitioners or other such
formal functionaries. In the new democratic constitutional order, we are all, as citizens,
obliged as a maintenance of the legal system to ensure the perpetuation of its
principles and its status. We do so, firstly by adhering to (and sometimes breaking)
laws and secondly by participating in processes related to or that result in law-making,
such as referenda and elections.
Our view is that the individual, who cases may be a client, a witness, an accused
person or a complainant in a criminal matter, a plaintiff or defendant in a civil
matter, and so on, should be considered a fundamental actor in the legal system
and processes. He/ she should not be underestimated or overlooked
2.2 Differentiate between state and country (2)
Country refers to a large nation with its own government and economy whereas a state
refers to a large governing area within the country.
2.3 ln the extract Mosibudi Mangena consistently uses the term state. Would it
make any difference had he used the term government instead? Give reasons
to support your answer. (4)
Yes, it would make a difference because the two terms are different.
2.4 What is the difference if any, between the legislative wing and Parliament.
Give reasons to support your answer.
A legislative wing is a body for debating and passing laws e.g. lower and upper house
while Parliament is the term for the whole combination of law making bodies.
3.1 Explain how the above extract links to the concept of banking education and
praxis (4)
Bank education refers to the mere absorption of information in the sense that as a
pupil one knew nothing, and brain was empty, and the teacher was expected to fill it
with information which must stuck in the brain until examination time when it should
2
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