Study Unit 3

1. Relations governed by law generally comprise of relations between organs of authority and subjects, and relations between groups and individuals themselves.

2.Means by which law is transferred from one generation to the other – starts with education in the family, develops in the wider context of the community, and inspecialised systems is further support by formal instruction in schools,colleges and universities.

3.In all legal systems, law and legal rules imply consequences for transgressors.

2.Concretev abstract approach

3.Thereligious element

4.Governmentalfunctions

5.Formalities

6. Categorisation

7. kinship

8. Polygyny

9. lack of formalities

10. time

11. government functions

Informal and formal system of education is directed towards the individual’s adaptation and subordination to the interests of the group.

The individuals acceptance of his particular place and rank within the community is impressed from early childhood

Everyone know exactly what his role in the community is

Stresses persons individuality and own achievements

Characteristics determine his particular adult place and role in the community

Interest of thecommunity are limited to requirements regarding age, prescribed formalities etc

Indigenousmarriages concerns the family groups

Family groupsparticipate in the choice of marriage partners, preceding negotiations of theagreement, transfer of marriage goods and ceremonies.

Without theirparticipation, the marriage cannot take place

a whole family group could be punished for the crime of 1 of its members.

cases of sorcery- whole family banish or killed

Fined payed by the group

parents responsible for the wrongs of their children

specialised system- wrongdoer is responsible for own actions

public takes an active part in the proceedings, which takes place in the oped

public freely takes part in cross-examination, discussion of the case and forms part of court procedure

2.Unspecialisedlegal systems, the bride is detached from her group and moved in to thebridegrooms family group : Western law is more abstract consent and abstractexpression of intent

3.Unspecialisedlegal systems, rights to land are acquired by demarcating and cultivating aparticular area : in specialised legal systems, land is acquired byregistration in the Deeds Registry.

1. A strong religious element of indigenous law appears from the perception that law originates with the ancestors – and disregard of the law is punished by ancestors

2. If important juristic acts are planned, the blessing of the ancestors is obtained by special rites.

1. Distinction between categories, institutions and concepts is foreign to indigenous law

2.It is difficult to determine whether authority in a family group with many members concerns private law or public law.

3.Distinction among categories of transgressions is sometimes vague – it is not always possible to distinguish whether a transgression is harmful to the interests ofthe community or the interest of family groups (referred to as delict andcrimes)

4 . In indigenous law, theft of another’s property is a delict, whereas stock theft is a crime There is no distinction between civil and criminal cases – and no separate court procedures for these cases

1. Kinship plays a dominant role in legal life

2.Family group has extensive authority over its members

3.It is maintained that in non-specialised systems, the position of woman compares unfavourably with that of the man.

*Cattle or rather money as well are given with the betrothal gifts.

*administration of justice relatively informal

*rules are applied with flexibility

*aim of court- reconciliation rather that retribution