LJU4804 Assignment 1
(COMPLETE
ANSWERS) Semester 2
2024 (572574) - DUE 30
August 2024 ; 100%
TRUSTED Complete,
trusted solutions and
explanations.
ADMIN
[COMPANY NAME]
, LJU4804 Assignment 1 (COMPLETE ANSWERS) Semester 2
2024 (572574) - DUE 30 August 2024 ; 100% TRUSTED
Complete, trusted solutions and explanations.
1 Which legal categories are used in terms of the via media
approach to classification? (1)
The via media approach to classification is a method that seeks
a middle path between rigid legal categorization and more
flexible, pragmatic considerations. In legal contexts, this
approach often involves the use of certain categories to classify
cases, actions, or legal concepts in a way that balances strict
legal definitions with practical considerations. Here are some of
the legal categories typically used in the via media approach:
1. Contractual vs. Delictual (Tortious) Liability: This
category distinguishes between obligations arising from
agreements (contracts) and those arising from wrongful
acts (delicts or torts).
2. Public Law vs. Private Law: This classification separates
laws governing the relationship between individuals and
the state (public law) from laws regulating relationships
between private individuals or entities (private law).
3. Civil Law vs. Criminal Law: This distinction
differentiates between laws dealing with the rights and
duties of individuals in private matters (civil law) and laws
addressing offenses against the state or public (criminal
law).
4. Substantive Law vs. Procedural Law: Substantive law
defines the rights and obligations of individuals, while
procedural law outlines the methods and procedures used to
enforce those rights.
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