100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Summary - Introduction to Law R115,00
Add to cart

Summary

Summary - Introduction to Law

 6 views  0 purchase

My summaries provide an in-depth, comprehensive explanation of basic legal concepts that are needed to further your legal studies. The notes are straightforward and clear, without any unnecessary information.

Preview 2 out of 8  pages

  • June 25, 2023
  • 8
  • 2022/2023
  • Summary
All documents for this subject (19)
avatar-seller
lilisyce
Theme 7
Note

• 3 Multiple Choice Questions on History
• 5 Multiple Choice Questions on Jurisprudence



Jurisprudential perspectives

• (1) Judicial deference
o The judge limits his discretion and rather chooses to leave the decision up
to executive and legislative branches of government.
o It’s linked to legal positivism.
o Also referred to as executive mindedness.
• (2) Judicial activism
o The judge exercises his discretion creatively to resolve a dispute and
arrives at an answer that often leads to societal change.
o It may lead to subjective attitudes influencing the decision.

LC Steyn (illustrates concept of judicial deference)

• He studied law and Stellenbosch University.
• He went into public service and had a brilliant career.
• He was appointed to the Bench in 1951, to the Appellate Division in 1955 and
was finally appointed as Chief Justice in 1959.
• The Group Areas Development Board v Hurley
o One of the Group Areas cases.
o Facts of the case
▪ A provincial decision allowing the Roman Catholic Bishop of Natal
(a white person) to hold land as a trustee in an Indian group area
was reversed.

, ▪ Steyn CJ applied the Act, even though he found that using the trust
device would not go against the policy of the Act.
o Steyn CJ’s approach
▪ He did nothing to block the executive’s power in implementing the
Group Areas Act.
▪ He believed that the judge’s role is purely mechanical, meaning that
their job is to apply the law.



Note
Judicial activist judges are not necessarily progressive, and judicial
deference does not always equal conservatism!




Natural law
• Law has a moral dimension.
• The validity of law is not based on the fact that it appears in statutes, but rather
on its content.
• The law should be based on certain values, which are universally valid and
rationally established.
• There are higher norms against which law can be measured.
• It is implied that these norms are found in the harmony and order of human
nature, and are valid without being imposed through legislation.
• Four essential features
o (1) A set of legal norms which are valid.
o (2) They are universally applied.
o (3) They can be rationally known.
o (4) It corresponds with the ideal law.

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying this summary from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller lilisyce. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy this summary for R115,00. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

53022 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy summaries for 14 years now

Start selling
R115,00
  • (0)
Add to cart
Added