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Topic 1 - Sources of SA law - Unit 1 - What is law? Classification of law,…
Topic 1 - Sources of SA law - Unit 1 - What is law? Classification of law, Purpose and importance of sources of law
What is law?
People need rules to regulate their interaction with each other and their interaction with things:
- To maintain order in society
- To determine what is acceptable and what is not
- To know what is and what is not permissible
Law - the body of rules and regulations governing human conduct recognized as binding by people and enforced by public authorities (the state)
Importance of law
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Objective of a legal system - law making
- Legal systems must assist in interpreting and adjudicating in disputes
- Must be able to enforce the law
- Administration of justic
- Legal representation and legal advice
Regulates relationships, tells us what we can and cannot do
Factors in determining whether law is effective
- Public awareness, understanding and acceptance of law
- Enforcement of the law
- Clarity and drafting of the law
- Consistency of the law - levels of government need to comply with Constitution and with the levels above them
- Changes - Sodomy and Inter-Racial relationships - and stability in the law
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Rules of conduct
Types
- Religion
- Individual morality - norms the individual sets for themselves
- Collective morality - social norms
- Law
Some of the above may overlap because in history:
- Christianity - common law - Roman Dutch Law - cannon law originates in Christianity
- Comm law is 17th / 18th century Roman Dutch law as influenced by the English law