Functions of Law in Society

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What is the primary function of law in a society?

To establish a social hierarchy and maintain power

To promote economic growth and development

To punish criminals and protect the innocent

To govern human behaviour and interactions (correct)

What is the social contract based on?

The power of the ruling class

The will of the majority

The authority of the government

The consent of the people (correct)

Why do fixed and universal rules become necessary in a society?

To promote individual freedom and autonomy

To facilitate economic growth and development

To establish a hierarchical system of governance

To maintain social order and resolve conflicts impartially (correct)

What is the prescriptive nature of law?

It prescribes acceptable and unacceptable behaviours Signup and view all the answers

What is the role of the state or governing body in the enforcement of law?

To punish unacceptable behaviour and reward acceptable behaviour Signup and view all the answers

What is the origin of law in a society?

It emerges from a hypothetical 'state of nature' without rules Signup and view all the answers

What is the significance of the social contract in the development of law?

It facilitates the transition from a 'state of nature' to a civilized society Signup and view all the answers

What is the definition of law?

A comprehensive body of rules, principles, and standards that govern human conduct Signup and view all the answers

What is the primary purpose of the Truth and Reconciliation Commission (TRC) in South Africa?

To facilitate reconciliation by uncovering the truth about human rights violations and abuses during the apartheid era. Signup and view all the answers

What is the principle that gives the legislature ultimate authority over other government institutions?

Parliamentary sovereignty Signup and view all the answers

What is the term for the removal of the rights of citizenship, particularly the right to vote, from a group of people?

Disfranchised Signup and view all the answers

What branch of law deals with the formation and organization of the state?

Constitutional law Signup and view all the answers

What is the source of law that is derived from judicial decisions and ancient customs rather than statutes?

Common law Signup and view all the answers

Which of the following is an example of public law?

Criminal law Signup and view all the answers

What is the main difference between public and private law?

Public law regulates the organization of the state, while private law regulates relationships between individuals Signup and view all the answers

What is the term for the acceptance of an authority, often a governing law or a regime, as rightful and justified by the people?

Legitimacy Signup and view all the answers

What is the term for a body of voters in a specified area who elect a representative to a legislative body, such as the South African Parliament?

Constituency Signup and view all the answers

Which of the following is an example of administrative law?

The administration and functioning of state bodies Signup and view all the answers

What is the term for a policy or system of segregation or discrimination on the basis of race, particularly enforced in South Africa from 1948 to 1994?

Apartheid Signup and view all the answers

What is the main purpose of constitutional law?

To govern the formation and organization of the state Signup and view all the answers

What is the term for the relative power of parties in a negotiation or conflict situation to exert influence over each other and shape the outcomes?

Bargaining power Signup and view all the answers

Which of the following is an example of private law?

A contract between two individuals Signup and view all the answers

What is the main difference between national law and international law?

National law deals with domestic issues, while international law deals with global issues Signup and view all the answers

What branch of law deals with the relationships between individuals and their private interests?

Private law Signup and view all the answers

What is the primary role of the Auditor-General (AG) in South Africa?

To audit and report on the financial management of government institutions and state-owned enterprises Signup and view all the answers

What is the main objective of using the Constitution to bring about large-scale social, economic, and political transformation?

To address the legacy of apartheid and other historical injustices Signup and view all the answers

Which of the following is an example of a civil and political right?

The right to a fair trial Signup and view all the answers

What is the doctrine of judicial precedent, or stare decisis, based on?

Previous court decisions that have the force of law Signup and view all the answers

What is the primary function of the Electoral Commission of South Africa (IEC)?

To manage and oversee the conduct of free and fair elections Signup and view all the answers

What type of rights require state action to ensure their fulfillment?

Economic, social, and cultural rights Signup and view all the answers

What is the source of law derived from judicial decisions and ancient customs?

Common law Signup and view all the answers

What is the primary goal of promoting active citizen participation in the democratic process?

To ensure the implementation of constitutional values and the realization of a just and equitable society Signup and view all the answers

What is the underlying principle of the rule of law?

Accountability of all individuals and institutions to laws Signup and view all the answers

What is the primary goal of transitional justice measures?

To promote reconciliation and redress for victims Signup and view all the answers

What is the core philosophy of Ubuntu?

The interconnectedness of all people Signup and view all the answers

What is the primary function of a Truth and Reconciliation Commission?

To provide a platform for victims and perpetrators to share their experiences Signup and view all the answers

What is the characteristic of customary law?

It is passed down through generations and is not typically written down Signup and view all the answers

What is the primary purpose of an amnesty?

To promote reconciliation and healing in a society Signup and view all the answers

What is the principle that underlies parliamentary sovereignty?

The ultimate authority of the legislature to enact any law Signup and view all the answers

What is the outcome of a violation of human rights?

Breaches of the fundamental rights and freedoms Signup and view all the answers

Study Notes

Function of Law

Governs human behavior and interactions
Rewards desirable behavior and punishes undesirable behavior to encourage compliance and prevent recurrence of harmful acts
Holds individuals accountable for the harm or consequences of their actions
Resolves disputes and conflicts through an established judicial system

Individuals agree to relinquish some of their unlimited personal freedoms in exchange for the benefits of peaceful coexistence within an organized society
The government or authority establishes and enforces the rules of this social contract based on the consent of the people
Fixed and universal rules are necessary to resolve conflicts impartially and maintain social order

Origin of Law

Law emerges as societies form and transition from a hypothetical "state of nature" without rules
The need for order and predictability in human interactions led to the development of a social contract and the establishment of a system of laws
Law facilitates the transition from a chaotic "state of nature" to a more organized and civilized society

Definition of Law

Law is the comprehensive body of rules, principles, and standards that govern human conduct and are recognized as binding by the society or state
Law is prescriptive, outlining acceptable and unacceptable behaviors, and provides for the punishment of unacceptable behavior and the rewards or incentives for acceptable behavior through the authority of the state or governing body

Key Concepts

Truth and Reconciliation Commission (TRC): A commission established to uncover the truth about human rights violations and abuses, and to provide a platform for both victims and perpetrators to share their experiences in order to facilitate reconciliation
Bargaining power: The relative power of parties in a negotiation or conflict situation to exert influence over each other and shape the outcomes
Parliamentary sovereignty: The principle that the legislature, as the supreme law-making body, has ultimate authority over other government institutions and can enact any law it chooses
Legitimacy: The acceptance of an authority, often a governing law or a regime, as rightful and justified by the people
Constituency: A body of voters in a specified area who elect a representative to a legislative body
Disfranchised: The removal of the rights of citizenship, particularly the right to vote, from a group of people
Apartheid: A policy or system of segregation or discrimination on the basis of race, particularly enforced in South Africa from 1948 to 1994

Sources of Law

Legislation/statutes/Acts of parliament: Laws enacted by the South African Parliament
Court decisions/case law/court cases: Binding precedents set by the country's courts
Common law: Law derived from judicial decisions and ancient customs rather than statutes
Custom: Rules of conduct developed from the habits and traditions of a community, recognized as legally binding
African indigenous law: Legal systems and norms based on the traditions and customs of various African communities
Legal encyclopedias: Comprehensive reference works on legal topics
Textbooks: Books written by legal scholars and experts

Institutions and Roles

Auditor-General (AG): Audits and reports on the financial management of government institutions and state-owned enterprises
Electoral Commission of South Africa (IEC): Manages and oversees the conduct of free and fair elections

Constitutional Values

Promoting substantive equality, social justice, and the realization of fundamental human rights
Addressing the legacy of apartheid and other historical injustices
Encouraging active citizen participation in the democratic process and the implementation of constitutional values
Transforming institutions and power structures to align with the Constitution's vision of a just and equitable society

Human Rights

Civil and political rights that protect individuals from state interference, such as the right to life, freedom of expression, and the right to a fair trial
Economic, social, and cultural rights that require state action to ensure their fulfillment, such as the right to education, the right to health care, and the right to work
Collective rights that address broader societal issues, such as the right to a healthy environment, the right to development, and the right to self-determination of peoples

Key Terms

Amnesty: A government pardon for political offenses committed during a particular period, often as part of a reconciliation process
Rule of law: The principle that all individuals, institutions, and entities, including the government, are accountable to laws that are fairly applied and enforced
Transitional justice: Measures implemented by countries to address the legacies of massive human rights abuses, such as truth-telling, reparations, and institutional reforms
Human rights violations: Breaches of the fundamental rights and freedoms to which all humans are entitled
Ubuntu: A Nguni Bantu philosophy that emphasizes the interconnectedness of all people and the belief that "I am because we are"

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Description

This quiz covers the various roles that law plays in governing human behavior, promoting desirable actions, and resolving disputes within a society.