30 Questions
What is the relationship between religion and the law according to the secular approach?
Religion and law should be mutually exclusive.
In what way does African legal philosophy view the relationship between African law and religion?
African law and religion are inextricably linked.
What is one similarity highlighted between law and religion?
Influenced by Christian thought
What role should the state play in relation to religious norms according to the text?
The state should not enforce religious norms on its citizens.
How does the text describe the relationship between state authority and religious authority?
There is a distinction between state authority and religious authority.
How are the content of religious and legal rules described in the text?
Identical
Which normative system is mentioned as linking African law and religion in the text?
Religion
What is a common aspect in studying both law and religion?
Interpreting authoritative texts
What is the view regarding enforcing religious norms on citizens according to the text?
The state should not enforce religious norms on its citizens.
What role do ritual, formalities, and fixed procedures play in law and religion?
Central role
In the case of Amod v Multilateral Motor Vehicle Accidents Fund, what kind of marriage did the court formally recognize?
Muslim marriage
Do law and religion completely overlap?
There is partial overlap
What does legal certainty entail?
The law remains fixed and certain at all times.
Why can legal certainty be challenging?
Because of judicial discretion and changing values.
Why can language make the law unpredictable?
Each word's definition can lead to multiple interpretations.
How can changing values affect the law?
The law must adapt to changing values to remain effective.
Which of the following is an example of judicial discretion impacting legal certainty?
Language must be interpreted which can lead to unpredictability.
In what way does legislation help the law adapt to changing circumstances?
Legislation allows the law to evolve with changing circumstances.
Why is paternalism considered acceptable in regard to children?
Children do not have the capacity to understand consequences
In the case of S v Makwanyane 1995(3) SA 391 (CC), what did the Constitutional Court find regarding the death penalty?
The death penalty should be abolished
What role did public opinion play in the Constitutional Court's decision regarding the death penalty?
Majority of South Africans wanted the death penalty to be imposed
Why does the law differentiate between adults and children in terms of making free choices?
Law regards adults as having sufficient insight and knowledge
Should a 14-year-old child be eligible to take a driving license test according to the text?
No, driving tests are only for adults
What was the final outcome regarding the death penalty after considering S v Makwanyane 1995(3) SA 391 (CC)?
The death penalty was ruled unconstitutional and abolished
What is the main difference between individual morality and community mores?
Individual morality is an internal conflict with one's conscience, while community mores are collective morals of a group.
In the context provided, why does the law not generally take cognisance of an individual's internal conflict with consuming alcohol?
Because individual morality is not the same as legal rules.
Why does the Constitutional Court prioritize a child's constitutional rights over religious freedom in the context of administering corporal punishment?
To uphold the child's dignity, bodily integrity, and best interests.
What role does morality play in an individual's ideal self-image according to the text?
Morality is a private conflict with conscience and relates to an individual's ideal self-image.
How does the text describe community mores?
Community mores are collective morals of a group within a community.
Why might a state struggle to enforce the command 'one should not covet thy neighbour’s possessions' according to the text?
Because it is impossible for a state to regulate such personal desires.
Test your knowledge on the philosophy and foundations of South African law with topics covering law and morality, law and certainty, the role of religion, individual conscience, community mores, language in law, changing values, and judicial discretion.
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