Lecture Notes: Pillars of Law 2

Introduction

• Lecturer: Dr. Ada
• Course: Introduction to Law - Pillars 2
• Focus: Various aspects of law, different areas of law
• Participation: Encouraged to ask questions, administrative questions to Student Support
• Structure: Teaching segment followed by Q&A
• Study Materials: Same as Pillars of Law 1, including textbooks and case laws

Course Objective

• Compare South Africa's legal system with other countries
• Build on knowledge from Pillars of Law 1 (historical development of South African law)
• Explore various areas of law: civil procedure, criminal procedure, law of evidence

Private Law

Components

• Private Law: Regulates horizontal relationships (person to person)
  • Legal subjectivity
  • Capacity of individuals
  • Legal subjects vs. legal objects
• Public Law: Regulates vertical relationships (state to person)

Key Concepts

• Positive Law vs. Natural Law
  • Positive Law: Law is what it is, based on statutes
  • Natural Law: Law based on morality and ethics, what it ought to be
• Law in a Subjective Sense
  • Concerns rights and duties of legal subjects
• Positivist Legal Theory: Law is what it is, not what it ought to be

Activity: Case Study Creation

• Legal Positivism: Law applied as is, without regard for moral implications
  • Example: Authoritarian vs. Democratic state
  • COVID-19 policies
• Natural Law: Law considers ethics and morality
  • Example: Same-sex marriage rights

Legal Capacity

• Different Types of Capacity
  • Capacity to act, to litigate, accountability
• Age and Capacity
  • 0-7 years: No capacity
  • 7-18 years: Limited capacity
  • 18+ years: Full capacity
• Psychological Disabilities
  • Affects capacity to act and accountability

Legal Subjects and Objects

• Legal Subjects: Bearers of rights and duties
  • Natural Persons: Humans
  • Juristic Persons: Entities like companies
• Legal Objects: Things over which legal subjects have rights

Constitution and Private Law

• Section 8 of Constitution: Application to natural and juristic persons

Conclusion

• Encouraged to review slides and study materials
• Next Session: Continuation of Pillars 2