Test on Legal Philosophy and Justice in South African Law

Question 1: The African perspective on law views the social contract as a foundational agreement that individuals willingly enter into to establish order within society.

A. Yes

B. No

Explanation: The study materials state that 'The social contract does not exist from an African Perspective.' Instead, it posits that human beings are born into a world of ethical relations and obligations within a community.

Question 2: Based on the study materials, which statements accurately describe the characteristics or definition of law?

A. Law is characterized by rules and principles, provides a degree of certainty, and is applied by the State.

B. There is a single, universally accepted definition of law due to its straightforward nature.

C. A loose definition of law is a set of norms designed to regulate society along peaceful and orderly lines.

D. The law's primary characteristic is its consistent reflection of a single philosophical approach.

Explanation: The study materials state that characteristics of law include rules and principles, providing certainty, and being applied by the State. It also provides a loose definition of law as a set of norms designed to regulate society along peaceful and orderly lines. However, the materials explicitly state there is no single definition of law because of various influences and approaches.

Question 3: Legislation is considered one of the main sources of South African law.

A. Yes

B. No

Explanation: The study materials state that Legislation is among the main sources of South African law.

Question 4: According to the study materials, which of the following factors contribute to the concept of legal certainty being an illusion?

A. Language requiring interpretation

B. Changing values within a community

C. Judicial discretion in applying the law

D. The stare decisis principle

Explanation: The study materials explicitly state that 'factors such as (1) language, (2) changing values and (3) judicial discretion makes legal certainty an illusion.' Language must be interpreted and can differ, changing values require adaptation, and judicial discretion highlights subjective prejudices. The stare decisis principle is informed by certainty, not a factor that makes it an illusion.

Question 5: The Amod v Multilateral Motor Vehicle Accidents Fund case determined that Muslim wives could already claim for loss of maintenance due to their husband's death in a car accident prior to the judgment.

A. Yes

B. No

Explanation: Before the Amod v Multilateral Motor Vehicle Accidents Fund case, if a Muslim husband died in a car accident, the wife could not claim money for a 'loss of maintenance' because the marriage was not regarded as a relationship worthy of legal protection. The Court in this case gave recognition to a Muslim marriage to allow for such claims.