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INTRODUCTION TO SOUTH AFRICAN LAW

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THIS IS AN INTRODUCTION TO SOUTH AFRICAN LAW AND ALL YOU NEED TO KNOW ABOUT IT IS COVERED.

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  • February 20, 2023
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  • 2022/2023
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Introduction To Law

What is Law 1
◊ Law governs human behaviour
◊ Obeyed by all of society
◊ It is enforced by state organs
◊ Disobeying the law you may be prosecuted and punished.




SA Law Has Two Main Divisions
Public law & Private law

Public Law: Deals with the relationship between the state and
individuals

Private Law: Deals with the relationship between individuals and
other individuals.



The Law can also be divided:

Formal Law: deals with the procedures that must be followed in legal
proceedings (the way we act in court, evidence allowed)

Substantive Law: part of law that determines the content and the meaning
of different legal rules.

, Introduction To Law


2
The Law and other normative systems.
Normative systems are systems other than the law that govern human
behaviour.



Religion:

 Every religion has a code by which the people who follow it live by.
 Every religion also has a sanction (punishment) if this code is broken.
 It is not the states task to enforce religious norms but religious
freedom must be made possible by the state.
 Their are similarities between law and religion like the regulation of
sexual relationships and murder and so forth
 Their are also differences like adultery is not a crime but it is a sin.
 Their are certain aspects that the SA law is in favour of like in
criminal law Blasphemy is a crime but only with the Christian God
 Blasphemy= the act of insulting or showing contempt to a God.



Individual Morality:

 This is the norms and standards that each person sets for himself.
 A individuals morality may sometimes coincide with their religion or
with certain legal rules, like not telling a lie or being dishonest with
fraud.
 The sanction for disobeying these rules are personal and self
imposed

Community Mores:

 Norms of a whole community, they are collective morals.
 Law and community mores may also coincide like the possession and
sale of harmful drugs, it is disapproved by the community and it is a
criminal offence.
 The sanction for breaking these norms may be rejection.

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