Study Unit 1 - Lecture 1 Flashcards
(12 cards)
What does public law regulate?
Relationships between government and citizens, or between government branches.
What does private law regulate?
Legal relations between individuals and groups in their private capacity.
What is the main focus in customary law: rights or duties?
Duties.
What are the two types of sanctions in law?
Approval and punishment.
What is intertribal law also known as?
Indigenous International Law
What is group ownership?
Collective ownership of property, typical in customary law (e.g., land, cattle).
What is the role of guardianship in customary law?
Group right to oversee members’ freedom and productivity.
What are examples of legal systems within customary public law?
Constitutional, administrative, adjudicatory, and criminal law.
What is the difference between real rights and obligatory rights?
Real rights relate to ownership of property; obligatory rights involve duties between people (e.g., contracts).
What distinguishes Nguni household structure?
Composite households with senior and affiliated wives in ranked “houses”.
Three types of rights and court actions?
Patrimonial rights → action for damages
Rights of personality → action for satisfaction (solatium)
Obligatory rights → enforced performance (e.g., contracts/duties)
Nguni vs. Sotho households?
Nguni: composite households with ranked wives in structured houses.
Sotho: each wife has her own rank and property, no subdivision into houses.
