Jurisprudence

Test Question 1

* Natural law is an important concept in our South African law. It is a discourse that deals with the ideal ‘law of nature’ against the reality of society’s man-made laws.

* The development of natural law goes right back to the time of the Greeks and Romans and still continues to the present.

* Therefore, in order to understand the concept of natural law, I will first discuss the development of natural law theories and then look at the relevance it has in the context of the struggle against apartheid.

* Plato’s (427- 347 BCE) concept of a ‘World of Ideas’ is fundamental to the development of natural law. He believed that at the highest level we have the Idea of something (which is created by God), then we have at a second level the material reality as a copy of that ideal (which is created by a craftsman) and finally at the third level, we have a copy of the material reality (which is made by an artist). This gives the notion that what Plato meant in relation to our law, is that the perfect Idea is actually the ideal of justice (perfect justice) and the imperfect material copy is the actual legal systems trying unsuccessfully to copy the idealised natural law.

* The concept of what the perfect natural law constitutes varies in different thinkers. Therefore, I will discuss what each thinker conceptualised natural law as.

* Plato felt that in any society there was a division of labour. He identifies the three classes as being:

* Philosopher rulers – A small elite group that rules wisely and form the head of society.

* Guardians – Soldiers who would specialize in protecting the state from acts of aggression. These would be the heart of society.

* Craftsmen – Farmers and artisans who would provide basic necessities. These would be the abdomen or stomach of society.

* He believed that these divisions would keep harmony in society and obedience to the natural pressures of the republic would...