Chapter 1 - General Introduction Flashcards
After you have studied this lecture, you should be able to • explain the relation between the law and human relationships • classify customary law • indicate the different indigenous legal systems that are in force in Southern Africa and the legal implications of this diversity
What is the relation between the law and human relationships?
The purpose of a legal system is to regulate the relations of its people.
Explain any legal relationship between people.
Whether between individuals or groups, or between a government and its subjects, a legal relationship creates responsibilities and obligations.
What does customary law place its emphasis on?
It places emphasis on duties.
What is Public Law?
Public law relates to the legal relations between a government and its subjects, and the relations between the different parts of government
What is Private Law?
Private law relates to the legal relationships between individuals and groups in their capacity as private persons.
What is customary law?
The term customary law means the customs and usages traditionally observed among the indigenous African people of South Africa and that form part of the culture of those peoples.
What is national law?
it governs relations between subjects and foreigners, as well as relations between subjects and the government within a certain state.
What is international law?
It governs relations between states.
What does customary constitutional and administrative law relate to?
It relates to the composition, powers and functions of the public organs of authority. in the case of a tribe, the highest authority is the chief and in the case of a kingdom, it is the king.
Explain the customary adjudicatory organs and the law of procedures.
This part of customary law deals with the composition and jurisdiction of the various indigenous or customary courts and the various procedures that must be followed when cases are brought before the court and tried and when judgment is executed. It also relates to the evidence that may be used in court to reach a decision.
Explain customary criminal law.
It relates to the law that deals with public action against a subject with the purpose of punishing the subject when he/she transgresses a rule that is punishable by law.
What is an object of a real right and give an example?
An object of a real right is a corporeal thing apart from the person, and an example is ownership.
What is the object of an obligatory right and give an example?
An object of an obligatory right is performance, and an example is the right to a fee for professional services.
What is the object of a right of authority and give an example?
The object of a right of authority is the productivity and freedom of a group member, and an example is guardianship.
What is the object of a right of personality and give an example?
The object of the right of personality is the corporeal or incorporeal part of the vestee’s personality, and an example is the right to make decisions about your body and the right to your honour.
