Importance Of Natural Law On Law

This jurisprudence essay will discuss Mandela’s perspective on law and legal institutions as reflected in his statement from the dock and refusal to testify in his own defence during the Rivonia Trial. It will briefly discuss rise of Apartheid in South Africa; discuss natural law theory and look at natural law theorists with specific focus on law and morality and discuss substantive and procedural natural law theory; discuss Mandela and the trial and the relevant principles of jurisprudence with regard to Mandela’s perspective on law and legal institutions.

II. Apartheid in South Africa:

South Africa’s history dates back to colonial rule under the Dutch and eventually the British dating back from 1652. 1806 to 1910 was the period of British colonisation and in 1910, the Union of South Africa was formed and with it a self-governing state, with much of our law being derived from Roman, Roman- Dutch law and to some extent English law . In 1931, South Africa became an independent state, and finally in 1948, the National Party came into power and with it the institutionalisation of Apartheid where ‘racial discrimination was not merely socially condoned but it was also legally endorsed in a carefully structured legal order premised on racial segregation’ .

III. Natural Law Theory:

Natural law theory states that there is an inevitable close connection between law and morality and that legal rules have moral content. Therefore, natural law theory can be defined as a legal theory