LJU4801
Assignment 2 Semester 2 2026
Unique number:
Due date: 7 September 2026
Theories Explaining the Judge's Decision
Introduction
The judge’s decision is best explained by two postmodern theories of adjudication
discussed by Kroeze in the LJU4801 study guide. The first is the critical theory that
judges exercise an unbounded free play of the judicial mind, while the second views
adjudication as a language game.1 Both theories question the idea that legal texts
have one fixed meaning which automatically determines a case. The lease required
X to maintain the roof and keep the apartment reasonably suitable for its intended
use. The judge nevertheless gave the clause a different meaning by reasoning that
rodents may add life and value to the property. This fits postmodern thinking
because interpretation and judicial choice become central to the outcome.1
Assignment 2 Semester 2 2026
Unique number:
Due date: 7 September 2026
Theories Explaining the Judge's Decision
Introduction
The judge’s decision is best explained by two postmodern theories of adjudication
discussed by Kroeze in the LJU4801 study guide. The first is the critical theory that
judges exercise an unbounded free play of the judicial mind, while the second views
adjudication as a language game.1 Both theories question the idea that legal texts
have one fixed meaning which automatically determines a case. The lease required
X to maintain the roof and keep the apartment reasonably suitable for its intended
use. The judge nevertheless gave the clause a different meaning by reasoning that
rodents may add life and value to the property. This fits postmodern thinking
because interpretation and judicial choice become central to the outcome.1
