Study Unit 1: What Is Law': The Relevance of Law in Daily Life
Study Unit 1: What Is Law': The Relevance of Law in Daily Life
of rights
Notes: ILW1501
a system
Study Unit 1: What is ‘law’ of norms
and rules
The relevance of law in daily life
The Law
Explain what the ‘law’ is:
The law governs behaviour/conduct,
Should be obeyed by all of society and
Is enforced by state organs
By ignoring or disobeying the law we may be prosecuted and punished or ordered to pay compensation for
damage or injury
2. SA law can be divided into two main divisions of formal (procedural) and substantive (material) law.
Study Unit 2: Law and Rights Understanding the difference between the concepts ‘law’ and ‘rights’
A legal subject is anyone who is subject to the norms of the law and who also may be the bearer of rights and duties.
A legal object may be anything that is of economic value to people (cost, usefulness, scarcity).
To legal objects
4 types of rights
Real Rights rights of ownership: owner’s power to freely use, alienate and destroy his property
rights of pledge: when we pledge something (give a movable thing as security for a dept)
rights of servitude: example the right of way one person has been given over another’s land
Personality The rights each one has to parts of his/her personality.
Rights The right to physical integrity, the right to your good name/reputation, the right to honour
Intellectual Relates to the creations of the human mind.
Property Rights A work of art, an invention, a trade mark, copyright.
Personal Rights A personal right is a right to performance. Also called a claim.
Delivery, payment, service.
Action of doing or not doing something
Study Unit 3: The History of our law Basic knowledge of the history of SA law
Classical Roman law: When the Roman Empire (culture and civilisation) was reaching its highest level of development
Canon Law: Roman law formed the foundation of church law (Roman Catholic Church).
The Corpus Iuris Civilis: The Emperor of the Eastern Roman Empire (Justinian) ordered the codification of early writings
of the classical jurists and all the laws which had been passed during the time of the emperors (collected and written
down as a code).
Roman Law (753BC – 476AD) Roman-Dutch Law (17th Century) South African Law (1652 - )
- Classical Roman law - Roman law merged with existing - Roman Dutch Law
- Canon law laws over Europe to help solve - English Law
- Justinian’s codification particular problems - Indigenous law
Study Unit 4: Families of law The different legal families of the world
LAW
PUBLIC LAW PRIVATE LAW
(1) International law (1) Law of persons
(2) Constitutional law (2) Family law
(3) Administrative law (3) Law of personality
(4) Criminal law (4) Law of patrimony
(5) Law of procedure a. Law of things
a. Civil procedure b. Law of succession
b. Criminal procedure c. Law of obligations
c. Law of evidence i. Law of contract
ii. Law of delict
iii. Enrichment
OTHER AREAS OF LAW
(1) Mercantile law
(2) Labour law
(3) Conflict of laws
DIVISIONS (4) Legal Philosophy
•Concerned with relations between states (the law of war & peace, the law of
International law international organisations such as the UN and the law of international treaties
•Concerned with the institution of the state (how it is formed) and its organisation.
Constitutional law •Governs the powers of the organs of state (parliment, the courts, cabinet, etc)
•Controls the administration of the state in general and determines the way in
Administrative law which state bodies should excersise their powers (non abuse of power)
•States which acts are criminal in nature and the penalties imposed by the state for
Criminal law the commission of these crimes
•Concerned with persons as subjects of the law: Legal subject's beginning, status
Law of persons and end
•Concerned with the legal relationship of spouses, parents & child, guardianship.
Family law •Governs mariage and its consequences, as well as relationships within the family
Law of •Concerned with 'personality rights' and the consequences of infringing on these
personality rights (damage to reputation, dignity, etc.)
Law of •Concerns persons & their means (property of a person with monetary value).
patrimony •Subdivided into:
The death penalty in SA: The death penalty is regarded as cruel, inhumane and degrading and is in conflict with the
provisions of the Constitution as set out in the Bill of Rights.
Study Unit 7: The Constitution Demonstrate constitutional issues in real life situations
A Constitution: the rules by which a country is governed is stipulated in a constitution, which also sets out the
structure and functions of government as well as the standards required to protect the individual against abusive
power by the state. A detailed plan (blueprint) for the running of our country on a sound democratic basis.
A fundamental right: Each person is born with human dignity, which automatically grants natural rights (fundamental
too each person) that the state cannot take away – ever.
Individual/
Group of people/
Private institution
1. The law that limits the right must be of general application (apply to everyone)
2. The limitation must be reasonable and justifiable in an open and democratic society based on human dignity,
equality and freedom (there must be good reason to limit the right within the context of democracy)
3. The following must be taken into account:
a. Nature of the right
b. Purpose of the limitation and its importance
c. Nature of the limitation and the extent thereof
d. The relation between the limitation and the purpose of the limitation must be justifiable
e. Is there an alternative, less restrictive way of setting the limitation?
Study Unit 13: The legal profession and the courts Understand the profession and structure of the courts
Attorney: Qualified lawyer who can advise clients and represent them in court
Apply to the High Court to be admitted to the legal profession
Must obtain LLB degree, practical legal training for at least 2 years in a private firm, legal aid
clinic or community-aid centre, and have successfully completed the attorneys admission exam
All practicing attorneys must belong to the Law Society in their province and must be subject to
the rules laid down by the Law Society in their province
Other duties may include transfer of properties, drafting of wills and other legal documents, etc
May request permission to appear in High Courts and Constitutional Court
Advocate: Qualified lawyer who can advise clients and represent them in court
Apply to the High Court to be admitted to the legal profession
Must obtain LLB degree, practical legal training with an already qualified advocate
All practicing advocates must belong to the professional Bar Council
Successfully complete the Bar Council exam
Automatic right to appear in High Court and Constitutional Court