Law for Marketers LFM100s
1. Define the concept law within the context of the South African legal system. (3) South Africa has a ‘hybrid’ or ‘mixed’ legal system, made of the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and an indigenous law system inherited from the blacks (often termed African Customary Law). The constitutional state of south Africa may be defined as a state which prevails over all law and actions of the state, where fundamental rights are acknowledged and protected. 2. Distinguish between rules of law, ethics and rules of positive morality. Give an example of each.
(9) Rules of Law
In it’s most basic form , is the principle that no one is above the law. The rule follows logically from the idea that truth, and therefore law, is based upon fundamental principles which can be discovered , but which cannot be created through an act of will. eg) Saddam, a nation’s leader being submitted to justice and tried for his numerous crimes. Ethics
Ethical norms exist for moral excellence and it is thus this body of norms which can be defined as the science of absolute good. The basis of ethical norms are values. An individual is free to accept or reject such norms. Conscience is the primary sanction for failure to adhere to such a norm. However social sanctions may exist which strengthen adherence to an ethical norm where it is not developed ahead of the positive morality of a community. eg) ‘Canon 3’ published by the National Association of Legal Assistances states: A paralegal must not perform any of the duties that attorney’s only may perform nor take any actions that attorneys may not take Ethical norms are concerned with the state of an individual whereas norms of positive morality and law are concerned with the outward conduct of an individual. Rules of Positive Morality...
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