LJU4801 Legal Philosophy 2026 | Q&A with Detailed
Explanations | Hart, Dworkin, Ubuntu &
Transformative Constitutionalism | UNISA |
Assignment 1 Latest Exam
Description
Complete LJU4801 Legal Philosophy Assignment 1 2026 preparation guide
containing 150 multiple-choice practice questions with verified answers and
detailed explanations in italic.
This comprehensive study resource covers all essential topics from the LJU4801
Assignment 1 :
✅ Legal Positivism – Hart's Concept of Law – Primary rules (duties: criminal
prohibitions, civil obligations) vs secondary rules (rules about rules), Rule of Recognition
(remedies uncertainty), Rules of Change (remedies static quality), Rule of Adjudication
(remedies inefficiency), separation of law and morality, open texture concept, internal
point of view, union of primary and secondary rules
✅ Ronald Dworkin's Law as Integrity – Law as interpretive practice, two dimensions
(Fit and Justification), chain novel metaphor, Herculean judge, principles vs rules,
rejection of judicial discretion in hard cases, application in South African Constitutional
Court jurisprudence (Minister of Home Affairs v Fourie), strength of Dworkin's theory
,✅ Transformative Constitutionalism & Ubuntu – 1996 Constitution "hailed" for
transformative agenda, formal vs substantive equality, customary law as "Achilles heel"
of constitutional transformation, Ubuntu (interconnectedness, reciprocity, mutual care),
criticism of Ubuntu (entrenches patriarchy), S v Makwanyane, Constitutional Court
jurisprudence, decolonisation of law
✅ Natural Law Theory – Law must be just to be valid (lex injusta non est lex), Thomas
Aquinas (eternal, natural, human, divine law), Hugo Grotius (rational, mathematical
system), Lon Fuller (inner morality of law), Plato and Aristotle, idealism, common good,
metaphysics
✅ Legal Ethics & Professional Responsibility – Fit and proper standard, honesty,
diligence, respect for rule of law, Justice Madlanga's remarks, trust account
mismanagement, officers of the court, Legal Ethics in South Africa (Prof Helen Kruuse),
cab-rank rule
✅ Critical Legal Studies – Law is not neutral, indeterminacy thesis, political and legal
ideologies construct ways of thinking, law perpetuates power structures
✅ Critical Race Theory – Laws perpetuate racial discrimination, post-apartheid
constitutional law conceals colonial oppression, Modiri's argument, colourblindness
critique, counter-narratives/storytelling
✅ Feminist Jurisprudence – Law reflects patriarchal values, excludes women's
experiences, perpetuates gender inequality
✅ Legal Interpretation – Teleological/value-based interpretation, value-laden
approach, constitutional values as foundation of normative jurisprudence, textualism vs
intentionalism, objectivist theories
, Section 1: Legal Positivism – Hart's Concept of Law (Questions 1–30)
1. What is the primary distinction between primary and secondary rules in Hart's legal
theory?
A) Primary rules impose obligations; secondary rules confer powers and regulate the
creation and modification of primary rules
B) Primary rules are written; secondary rules are unwritten
C) Primary rules apply to citizens; secondary rules apply only to judges
D) Primary rules are moral; secondary rules are legal
Answer: A
Explanation: According to H.L.A. Hart, primary rules impose duties and obligations on
individuals (e.g., criminal prohibitions against murder and theft), while secondary rules are
"rules about rules" that confer powers and regulate the creation, modification, and
application of primary rules .
2. According to Hart, what is the problem of uncertainty in a primary-rules-only
regime?
A) Without an authoritative source, doubt arises as to what the rules are
B) Rules cannot be adapted or deliberately changed
, C) There is no mechanism for determining whether a rule has been violated
D) The rules are too complex to understand
Answer: A
Explanation: The problem of uncertainty arises when there is no authoritative source to
identify what the rules are. This is one of three defects Hart identifies in a social regime
consisting only of primary rules .
3. The Rule of Recognition in Hart's theory remedies which defect?
A) The problem of inefficiency
B) The problem of uncertainty
C) The problem of static quality
D) The problem of complexity
Answer: B
Explanation: The Rule of Recognition remedies the problem of uncertainty by specifying the
criteria by which valid rules of the system are identified. It is not itself a written rule but a
social practice accepted by officials .
4. Which secondary rule in Hart's theory enables the deliberate adaptation of law to
social conditions?
A) The Rule of Recognition
B) The Rule of Adjudication
Explanations | Hart, Dworkin, Ubuntu &
Transformative Constitutionalism | UNISA |
Assignment 1 Latest Exam
Description
Complete LJU4801 Legal Philosophy Assignment 1 2026 preparation guide
containing 150 multiple-choice practice questions with verified answers and
detailed explanations in italic.
This comprehensive study resource covers all essential topics from the LJU4801
Assignment 1 :
✅ Legal Positivism – Hart's Concept of Law – Primary rules (duties: criminal
prohibitions, civil obligations) vs secondary rules (rules about rules), Rule of Recognition
(remedies uncertainty), Rules of Change (remedies static quality), Rule of Adjudication
(remedies inefficiency), separation of law and morality, open texture concept, internal
point of view, union of primary and secondary rules
✅ Ronald Dworkin's Law as Integrity – Law as interpretive practice, two dimensions
(Fit and Justification), chain novel metaphor, Herculean judge, principles vs rules,
rejection of judicial discretion in hard cases, application in South African Constitutional
Court jurisprudence (Minister of Home Affairs v Fourie), strength of Dworkin's theory
,✅ Transformative Constitutionalism & Ubuntu – 1996 Constitution "hailed" for
transformative agenda, formal vs substantive equality, customary law as "Achilles heel"
of constitutional transformation, Ubuntu (interconnectedness, reciprocity, mutual care),
criticism of Ubuntu (entrenches patriarchy), S v Makwanyane, Constitutional Court
jurisprudence, decolonisation of law
✅ Natural Law Theory – Law must be just to be valid (lex injusta non est lex), Thomas
Aquinas (eternal, natural, human, divine law), Hugo Grotius (rational, mathematical
system), Lon Fuller (inner morality of law), Plato and Aristotle, idealism, common good,
metaphysics
✅ Legal Ethics & Professional Responsibility – Fit and proper standard, honesty,
diligence, respect for rule of law, Justice Madlanga's remarks, trust account
mismanagement, officers of the court, Legal Ethics in South Africa (Prof Helen Kruuse),
cab-rank rule
✅ Critical Legal Studies – Law is not neutral, indeterminacy thesis, political and legal
ideologies construct ways of thinking, law perpetuates power structures
✅ Critical Race Theory – Laws perpetuate racial discrimination, post-apartheid
constitutional law conceals colonial oppression, Modiri's argument, colourblindness
critique, counter-narratives/storytelling
✅ Feminist Jurisprudence – Law reflects patriarchal values, excludes women's
experiences, perpetuates gender inequality
✅ Legal Interpretation – Teleological/value-based interpretation, value-laden
approach, constitutional values as foundation of normative jurisprudence, textualism vs
intentionalism, objectivist theories
, Section 1: Legal Positivism – Hart's Concept of Law (Questions 1–30)
1. What is the primary distinction between primary and secondary rules in Hart's legal
theory?
A) Primary rules impose obligations; secondary rules confer powers and regulate the
creation and modification of primary rules
B) Primary rules are written; secondary rules are unwritten
C) Primary rules apply to citizens; secondary rules apply only to judges
D) Primary rules are moral; secondary rules are legal
Answer: A
Explanation: According to H.L.A. Hart, primary rules impose duties and obligations on
individuals (e.g., criminal prohibitions against murder and theft), while secondary rules are
"rules about rules" that confer powers and regulate the creation, modification, and
application of primary rules .
2. According to Hart, what is the problem of uncertainty in a primary-rules-only
regime?
A) Without an authoritative source, doubt arises as to what the rules are
B) Rules cannot be adapted or deliberately changed
, C) There is no mechanism for determining whether a rule has been violated
D) The rules are too complex to understand
Answer: A
Explanation: The problem of uncertainty arises when there is no authoritative source to
identify what the rules are. This is one of three defects Hart identifies in a social regime
consisting only of primary rules .
3. The Rule of Recognition in Hart's theory remedies which defect?
A) The problem of inefficiency
B) The problem of uncertainty
C) The problem of static quality
D) The problem of complexity
Answer: B
Explanation: The Rule of Recognition remedies the problem of uncertainty by specifying the
criteria by which valid rules of the system are identified. It is not itself a written rule but a
social practice accepted by officials .
4. Which secondary rule in Hart's theory enables the deliberate adaptation of law to
social conditions?
A) The Rule of Recognition
B) The Rule of Adjudication
