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Apartheid from south african perspective
Apartheid from south african perspective
Law and morality critically discuss
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Furthermore, from two scholarly perspectives, authors Richard Rothstein and Kitty Calavita, we can deepen our engagement with this relationship in their books, The Color of Law and Invitation to Law and Society, An Introduction
Legal history A system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce by the imposition of penalties, this is the definition of law. Although the definition of law is evident and perceptible,the portrayal and act of law varies. Throughout the justice system there are many inconsistencies such as the type of law, there is common,criminal,civil, and administrative. Throughout these systems of law there are also criminal proceedings. In these criminal proceedings, some will find that the verdict is just.
In his book, “The Law”, Frederic Bastiat aims to counter the trend in legislation which he identified in France during his life. A legislator himself, Bastiat worried that the scope of the law had expanded far past what was just and thus performed the very acts of greed and plunder which it should aim to prevent. Bastiat based his argument on the idea that the essence of man is found in his personality, liberty, and property. The role of law is to protect these faculties of man, and anything beyond is abuse of power and legal plunder. Bastiat views these elements which comprise man as innate.
Since the ancient times the research of a ‘Just’ society has always been linked with the Natural Law, a corpus of eternal, universal, and immutable rules, as the Nature, valid for everyone. The precursor of the Human Rights can be located in the Natural Rights theorized during the Renaissance humanism. Even if some rights had already been recognized, or affirmed in ancient and previous times, they were strongly connected to some divine power or religion. Nonetheless there are some precedent examples of interest. The Magna Charta signed in 1215 by that King John of England, who committed himself to respect, contained among others in its list , the rights of all free citizens to own and inherit property, to be protected from excessive taxes,
This concept of the natural law originates from God 's law. The concept of liberty is very dependent on the belief of natural law when creating a government system. In theory, the natural law comes from the state of nature and this helps many political philosophers create laws for a successful
Dworkin and Judicial Discretion, Philosophy of law, last accessed from http://www.yellowpigs.net/philosophy/dworkin on 02 April 2016 4. Dworkin, Ronald, (1977), Taking Rights Seriously, London,
The survey states that four out of every ten South Africans believe that apartheid was not wrong in its oppressive actions, as well as one third of white South Africans believing that poverty in South Africa in the present day is not a result of apartheid (Wadvalla, 2013). Seeing that this data was gathered twenty years apart the first democratic election in South Africa,
Introduction Apartheid was an official barrier which separated the different races in South Africa, namely the black South Africans and the white Afrikaans South Africans. Although Apartheid ended 20 years ago when Nelson Mandela was elected president, Apartheid still plays a large role in South African History. Apartheid began long before it was officially named Apartheid in 1948 by the leading political party, National Party. The separation between the black and white people of South Africa began around the time Jan Van Riebeek arrived in the Cape in 1652. Since then the segregation escalated due to events which caused hatred between the two races.
Human is born with the natural ability of reasoning whether or not it is a gracious gift from God as claimed. According to natural law, human is capable of deciding whether an action is morally right or wrong. We do not create what is evil and good, rather, we discover what is right or wrong. Besides, humans are morally obliged to use their reasoning capability to discern what the laws are and subsequently acting in conformity with them. Therefore, there is no reason why divine law must be superior than man-made law when human is just as effective and arguably, even more effective.
Natural law theory states that there are laws that are immanent in nature and the man made laws should correspond as closely as possible. Man can’t produce natural laws but he can find and discover through his reasoning. If a law is contrary to a natural law then it is not a law. Laws should be related to morality. It is a concept of a body of moral principal that is same for all the man
Maya Verdier Global Studies 2H Mr. Grace Set: 1 South African Apartheid Apartheid was the policy of segregation, political, and economic discrimination against non-European groups in South Africa. Apartheid was introduced in 1948 and created a tremendous turning point in South African history. South Africa was colonized by the English and Dutch in the 17th century. The English and Dutch later became called Afrikaners, and these two groups had a power-share over Africa until the 1940’s. When the Afrikaner National Party gained a strong majority Apartheid was invented.
Introduction of statutes Statute is the main source of south African constitutional law.this is not in any way to deny or detract from the vital importance of both English and Roman-Dutch common-law sources. The statutory sources are legion, and it is not easy to task which constitutional statutes are of sufficient importance to justify their inclusion in a compilation of laws in relation to this topic. It was decided, in the end to keep basic statutes and largely to omit those dealing with specialised aspects of constitutional law. Statutes are arranged in their chronological order.
The law is an intriguing concept, evolving from society’s originalities and moral perspectives. By participating in the legal system, we may endeavour to formulate a link between our own unique beliefs and the world in which we live. Evidently, a just sense of legality is a potent prerequisite for change, enabling society to continue its quest for universal equality and justice. Aristotle once stated that "even when laws have been written down, they ought not to remain unaltered".
Law is present in our daily life and in everything we do. We cannot think a second without law. Whatever we can see around us everything is connected with the law. Sometimes we can see it and sometimes we cannot see but feel it. Law is not just a thing to obey for yourself but making a peaceful society.
South Africa was divided into 13 nations; the whites, colored, Indians and 10 black African groups. Apartheid was put into place in order to stop contact of different nations to occur, because whenever these nations came into contact, there would be arguments and friction between the few. Apartheid was used to avoid contact between these races as much as possible to create a society without friction or war. These laws were created to ensure people of different groups did not associate with each other, share any public facilities or interact with one another in any way. This was to make sure there was to be no conflict of interest between any parties that come into