, LJU4801 ASSIGNMENT 2 SEMESTER 2 2026
DUE DATE: SEPTEMBER 2026
American Legal Realism and Critical Legal Studies as Explanations for the Judicial
Decision
Introduction
The scenario concerns a written lease under which the landlord undertook to maintain
the property, including its structural elements and roof, in a condition reasonably
suitable for the purpose for which it was let. After rain damaged the roof and allowed
rodents to enter the apartment, the tenant applied for an order compelling performance.
The judge refused the order, stating that the presence of rodents does not render the
property unsuitable for living because animals enrich a space and add value; rodents
should not be viewed differently from cats or dogs. This reasoning does not apply the
contractual text or ordinary standards of habitability. The theories that best explain the
decision are American legal realism and Critical Legal Studies as presented in the
LJU4801 study guide (University of South Africa, LJU4801 Study Guide, 2026).1
American Legal Realism
American legal realism, treated in the study guide under early modern legal philosophies,
rejects the formalist picture of adjudication as a mechanical or scientific process in
which judges merely discover and apply pre-existing rules. Realists observed that judicial
decisions frequently rest on contested policy choices and subjective value judgements,
even when these are disguised by formal legal language. To understand the law, one
1
University of South Africa, LJU4801 Legal Philosophy Study Guide (Pretoria: University of South Africa, 2026), Study
Unit 3 (American Realists) and Study Unit 5 (Critical Legal Studies).
DUE DATE: SEPTEMBER 2026
American Legal Realism and Critical Legal Studies as Explanations for the Judicial
Decision
Introduction
The scenario concerns a written lease under which the landlord undertook to maintain
the property, including its structural elements and roof, in a condition reasonably
suitable for the purpose for which it was let. After rain damaged the roof and allowed
rodents to enter the apartment, the tenant applied for an order compelling performance.
The judge refused the order, stating that the presence of rodents does not render the
property unsuitable for living because animals enrich a space and add value; rodents
should not be viewed differently from cats or dogs. This reasoning does not apply the
contractual text or ordinary standards of habitability. The theories that best explain the
decision are American legal realism and Critical Legal Studies as presented in the
LJU4801 study guide (University of South Africa, LJU4801 Study Guide, 2026).1
American Legal Realism
American legal realism, treated in the study guide under early modern legal philosophies,
rejects the formalist picture of adjudication as a mechanical or scientific process in
which judges merely discover and apply pre-existing rules. Realists observed that judicial
decisions frequently rest on contested policy choices and subjective value judgements,
even when these are disguised by formal legal language. To understand the law, one
1
University of South Africa, LJU4801 Legal Philosophy Study Guide (Pretoria: University of South Africa, 2026), Study
Unit 3 (American Realists) and Study Unit 5 (Critical Legal Studies).
