HFL1501 Assignment
6 (COMPLETE
ANSWERS) Semester
1 2024 - DUE 9 May
2024
Course
Historical Foundations of South
African Law (HFL1501)
Institution
University Of South Africa (Unisa)
Book
Introduction to the Law of South Africa
[School]
[Course title]
, HFL1501 Assignment 6 (COMPLETE ANSWERS)
Semester 1 2024 - DUE 9 May 2024
Course
Historical Foundations of South African Law (HFL1501)
Institution
University Of South Africa (Unisa)
Book
Introduction to the Law of South Africa
HFL1501 Assignment 6 (COMPLETE ANSWERS) Semester 1 2024 - DUE
9 May 2024 ;100% TRUSTED workings, explanations and solutions. for
assistance Whats-App.......0743275643............
QUESTION 1 1.1 Read the following statement and answer the question
that follows: “South Africa has an uncodified legal system.” In your own
words, discuss how this fact impacts on a lawyer who is searching for a
remedy with regard to a legal question. (4)
In South Africa, having an uncodified legal system means that the country
does not rely solely on written laws or statutes to determine legal
outcomes. Instead, legal principles are derived from various sources such
as case law, customary law, and constitutional principles. This impacts a
lawyer searching for a remedy because they must navigate a complex
web of legal precedents, customary practices, and constitutional
provisions to find applicable solutions to legal questions.
Unlike in codified legal systems where laws are explicitly laid out in
statutes, in an uncodified system, legal rules may be dispersed across
various sources and subject to interpretation by judges. This can make it
challenging for lawyers to predict with certainty how a court might rule on
a particular issue. Additionally, the flexibility of an uncodified system
means that legal principles can evolve over time through judicial decisions
and societal changes, adding further complexity to legal research.
Therefore, for a lawyer in South Africa, searching for a remedy involves
thorough examination of case law, legal principles, customary practices,
and constitutional provisions relevant to the specific legal question at
hand. It requires a deep understanding of legal reasoning and precedent,
as well as the ability to critically analyze and apply legal principles in a
manner that aligns with the evolving nature of the law.
