SCL1501 LAW SKILLS ASSESSMENT Q & A

Question 1 "Law is therefore an essential aspect whenever humans interact with each other in a society … Almost all aspects of our lives are impacted on by law".(a) Explain why law is regarded as sine qua non for human interaction in a society. Give examples of what the situation would be like without law.The phrase "sine qua non" translates from Latin as "without which, not" and is used to indicate something that is absolutely indispensable or essential. In the context of human society, the law is often regarded as a "sine qua non" because it forms the foundational structure within which all social interactions occur.Law provides an agreed-upon framework that governs behaviours, decisions, and interactions, which helps ensure order and predictability. It clarifies and enforces rights, obligations, and standards, allowing people to know what is expected of them and what they can expect from others. It also serves as a mechanism for resolving disputes and correcting injustices, thereby helping to maintain societal equilibrium.Without law, society would likely descend into chaos and unpredictability. This is because the lack of a legal system could result in a breakdown of basic structures such as property rights, contract enforcement, and personal safety, all of which are crucial

for human interaction and cooperation. For example:

a) Property rights: If there were no laws defining and protecting

property rights, anyone could claim ownership over anything.Without a clear and enforceable system for recognizing and protecting these rights, property disputes could lead to perpetual conflicts, discouraging people from investing in or taking care of properties.

b) Contract enforcement: Business and personal transactions

often involve contracts, which are agreements with specific terms that the parties involved are expected to fulfill. Without laws to enforce these contracts, there would be no guarantee that the agreed-upon terms would be honored. This would create an environment of mistrust, inhibiting business and other transactions.

c) Personal safety: Laws serve to deter crime by defining what

constitutes criminal behavior and stipulating penalties for violations. Without these laws, there would be little to stop individuals from harming others to achieve their own goals.This lack of personal safety could make many types of human interaction risky, or even life- threatening.

d) Dispute resolution: Laws provide a structure for resolving

disputes in a civil manner. Without these laws, people might resort to violent or harmful means to settle their disagreements, leading to increased conflict and violence.In sum, the law is an indispensable element of human society because it creates a predictable and orderly environment within which human interaction can safely and productively occur.Without it, society could become a place of uncertainty, conflict, and potentially, violence.

Question 2 "The student should realise that he/she belongs to the learning space as a human being and not as a non-human entity with an empty brain, which needs to be filled with unquestionable knowledge given by some teacher, lecturer or professor” (a) Explain how this extract links to the metaphor of a bank in “banking education”.(b) Explain “praxis” in the context of the above extract.(c) Why is the concept of "subjective being" said to be central to learning?

(a) The extract relates to the metaphor of a bank in "banking education," a concept developed by Brazilian educator Paulo Freire in his book "Pedagogy of the Oppressed". According to this metaphor, traditional education models treat students like empty bank accounts into which knowledge (in the form of facts, concepts, and principles) is deposited by teachers. This process views students as passive recipients rather than active participants in their education. The phrase "a non-human entity with an empty brain, which needs to be filled with unquestionable knowledge given by some teacher, lecturer or professor" perfectly encapsulates the banking concept of education, as it portrays the student as an empty vessel waiting to be filled, rather than a human being with his/her own thoughts, experiences, and abilities to contribute.(b) "Praxis," in the context of the extract, refers to the concept of learning through active engagement, reflection, and action. It's a concept central to Freire's critical pedagogy. Instead of being passive recipients of information, students are encouraged to actively participate in the learning process by questioning,