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Unit 4

The document discusses different classifications of law. It distinguishes between international law, which governs relationships between states, and national law, which applies within a particular state. It also differentiates between substantive law, which determines legal rights and duties, and procedural law, which regulates how legal cases are handled and enforced. Procedural law includes criminal procedure, civil procedure, and evidentiary law. Additionally, the document outlines the distinction between public law, which regulates state authority and organization, and private law, which governs relationships between individuals. It concludes by covering obligations that arise from contracts, which involve agreement, and delicts, which involve unlawful acts that cause damage.

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68 views2 pages

Unit 4

The document discusses different classifications of law. It distinguishes between international law, which governs relationships between states, and national law, which applies within a particular state. It also differentiates between substantive law, which determines legal rights and duties, and procedural law, which regulates how legal cases are handled and enforced. Procedural law includes criminal procedure, civil procedure, and evidentiary law. Additionally, the document outlines the distinction between public law, which regulates state authority and organization, and private law, which governs relationships between individuals. It concludes by covering obligations that arise from contracts, which involve agreement, and delicts, which involve unlawful acts that cause damage.

Uploaded by

deneomiranda2
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We take content rights seriously. If you suspect this is your content, claim it here.
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UNIT 4: CLASSIFICATION OF THE LAW

Thursday, April 7, 2022


3:44 PM
4.1. DISTINCTION BETWEEN INTERNATIONAL AND NATIONAL LAW

4.1.1. INTERNATIONAL LAW


*Known as the LAW OF NATIONS
*It is the source of law
*Has rules that primarily govern the relationship between independent states.
*Regulates the international criminal law that outlaws genocide, crimes against humanity, war crimes
and crime of aggression.

4.1.2. NATIONAL LAW


*National law is a law of a particular state
*It is the whole body of legal rules that is applied and enforced in that particular state.

4.2. DISTINCTION BETWEEN SUBSTANTIVE AND PROCEDURAL LAW

4.2.1. SUBSTANTIVE(MATERIAL LAW)


*It determines the content and meaning of various legal rules.
*Refrains us from committing criminal offences.
*Determines which acts establish criminal offences.
*Determines the content and application of various rights which a person may have.

4.2.2. PROCEDURAL LAW(ADJECTIVE LAW)


*Regulates the enforcement of substantive law.
*Determines the manner in which a case must be handled practically when a legal principle has been
allegedly violated.
*Gives the process according to which someone is prosecuted for murder.
*Gives process when you want to reclaim your car from someone who removed it without your
permission or when you want to claim for damages from someone who damaged it.

4.3. DIVISIONS OF PROCEDURAL LAW

4.3.1. LAW OF CRIMINAL PROCEDURE


*It prescribe how people who have committed criminal offences should be prosecuted.
*Lays down the regulations for the prosecution of the alleged offence and also the process in court.

4.3.2. LAW OF CIVIL PROCEDURE


*Provides the procedure to be followed when a person wishes to enforce her rights against another, like
the claim for damages.

4.3.3. LAW OF EVIDENCE


*Determines how facts in either a civil or criminal case should be proved.
*Regulates the manner in which witnesses should lay their evidence before the court.
*Determines what kinds of evidence are inadmissible.
4.4. DISTINCTION BETWEEN PUBLIC AND PRIVATE LAW
*SUBSTANTIVE LAW IS DIVIDED INTO 2 LAWS:

(1). PUBLIC LAW


*Determines the extent of state authority.
*Regulates the organization of the state
*Regulates the relation between the various organs of state
*Regulates the relation between the state and its subject.
*The public law relationship between the state and its subject is unequal.
*Portrayed as a vertical relationship.

(2). PRIVATE LAW


*Regulates the relationship between persons (legal subjects)
*It determines the various rights and roles that persons may have towards each other.
*The state does not act with authority, it has the same position as any other person.
*The private law relationship is equal.
*Portrayed as a horizontal relationship.

4.5. LAW OF OBLIGATIONS

*A CONTRACT is an agreement between two persons in terms of which a right and a corresponding duty
to a performance come into existence.
*The law of contracts gives the requirements for the conclusion of contracts,
*Regulates the rights and duties created by a contract and also the termination of contracts.

*A DELICT is a wrongful and culpable act which causes damage to another.


*It generates an obligation (the payment of damages).
*The law of delict determines what a delict is
*It regulates the rights and duties that arise from it.

DIFFERENCE BETWEEN CONTRACTS AND DELICTS


*In contracts an obligation arises between the two persons because they agreed to it.
*In a delict there is no agreement between the two persons
*Delicts are unlawful acts and contracts are not.

DIFFERENCE BETWEEN DELICTS AND CRIMINAL OFFENCES


*Criminal offences have the purpose to punish the offender.
*In a delict the purpose it to compensate the person who suffered the damages.
*Criminal matters fall under public law because it is the state that prosecutes and punishes the offender.
*A delict is a private law matter because a claim for damages has an interpersonal nature.

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