User talk:Meso Samuel

Legal philosophy Welcome to the contents of my legal philosophy. This philosophy is based on personal knowledge and can be used for personal gain and not for jurisprudence purposes. Legal philosophy is a branch of philosophy which examines different legal approaches, norms, ethics, politics, socio-economic factors as well as traditional laws in order to make sense of the importance of law. The law can only make sense if it is directed as serving a certain purpose and also achieving the desired result. According to my perspective, legal philosophy is can only make sense if the law treats different individuals the same and without any favour. We will also look at the relationship between law and norms, law and ethics, law and politics as well as law and socio-economic factors. Law and norms: Law is applied in order to guide human conduct which pressurises a person to behave in a good way. Pressure exerted by law on a particular individual is not the same as the one exerted through norms. For example, having many wives can be seen as a norm in customary law, but viewed as a violation of legal rules in law. The fact is that, in law, there is the issue of maintenance of spouses and children which creates a legal obligation. So, in cultural practice, there is no valuable record of facts because the relationship between two people is almost the same as that of a ‘‘hit and run’’ or ‘‘vat en sit’’ in Afrikaans or ‘‘masihlalisane’’ in isiZulu or ‘‘boseka bo eja’’ in Sepedi. This kind of relationship is not clearly traceable and as a result, does not create an obligation. The other example is that, in the past, young men were not able to run away from their responsibilities after breaking the ladies feet. That is why legal philosophy is so important in interpreting the law in line with norms. Law and ethics: Ethics are morals and there are good morals as well as bad morals. The people who grew up during the period of apartheid know exactly what is the different between the two morals. That is the reason why those who grew up during the times of apartheid have got good moral as compared to those of nowadays. The issue is that corporal punishment was a norm during the past period. That is why legal philosophy brings the different mental approaches in the link between the law and other behaviours that govern human conduct. For example, the child who insults an adult was subjected to corporal punishment in the past and case closed. Nowadays an insult to an elderly person is a norm and case closed. Law and politics: Some people are viewed as been above the law and untouchable because of their political powers. This creates a two-fold of the law on similar circumstances, and people now view politics as an environment of control. Legal philosophy is able to identify the law and fault at the same time, since philosophers are able to do legal research and provide substantive possible solution. That is why many people do not understand what the law is and what the law is not. Law and socio-economic factors: It is a common course that those who are wealthy are automatically exempted from the might of the law. It becomes evident when one of the prominent business persons alleged to have broken the law seen driving around some weeks after then. But on the contrary, those with poor background alleged to be facing the full might of the law. That is why legal philosophy is so crucial and effective in day to day life and is worthy of respect.