HFL1501: Explain the difference between practical and scientific reception and give an example of each from South African legal history: Historical Foundations of South African Law Assignment, UNISA, South Africa
|University||University of South Africa (UNISA)|
|Subject||HFL1501: Historical Foundations of South African Law|
Question 1 Explain the difference between practical and scientific reception and give an example of each from South African legal history.
Question 2 Read the following statement and answer the question that follows: “Due to its nature, the study and teaching of indigenous African law present certain challenges.” Discuss this statement. In your answer, you must describe the nature of indigenous African law. Furthermore, indicate how indigenous African law was studied in the past, and how it is studied today. (4)
Explain how the current position of indigenous African law in the South African legal system differs from the position of Islamic law.
Question 3 Name the collection of Roman law rules promulgated in 450 BC that marked the division between the rules of law and the rules of religion.
Name the codification proclaimed in AD 506 that contained the recording of Roman law by the Visigoths. (1) 3.3 Name the codification of Roman law, promulgated under the reign of emperor Justinian, which is still referred to by South African courts as part of our legal heritage.
Name one recent decision mentioned in Part 1 of the Study Guide in which a South African court quoted the codification in Question 3.3 above as authority for Roman law rules that still apply today.
Question 4 A significant event that had a profound influence on the course of South African history, was the Sharpeville massacre of 21 March 1960. Describe three ways in which the Sharpeville massacre impacted South African history.
Say whether the following statement is true or false. Give two reasons for your answer: “The idea of individual human rights in South Africa originated with the signing of the Freedom Charter.
Question 5 Indicates which approach to the principle of constitutionalism was embraced by each of the following historical South African constitutions. In each instance, only state whether that constitution completely denied the principle of constitutionalism, partially recognized the principle of constitutionalism or fully recognized the principle of constitutionalism: 5.1 The 1910 Constitution of the Union of South Africa (1) 5.2 The Constitution of the Zuid-Afrikaanse Republiek (1) 5.3 The 1983 Constitution of the Republic of South Africa
Briefly explain how the views of St Augustine and Hugo de Groot differed regarding natural law theory.
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