LJU4801
EXAM
PACK
2026
, lOMoARcPSD|66551144
QUESTION 1
According to martin Luther king jr. quote, he distinguishes between “just and unjust’’
laws. He also states that one has a good behavior and legal responsibility to respect jus
laws, but a moral responsibility to not respect unjust laws’ based on the idea that
human -made laws can be judged against good behavior levels, the specific legal
philosophical approach that martin Luther king Jr advocates can be a natural law
theory.
1
Natural law theory it an idea that states that there is a red set of laws that has
existed since before humans have made law and it provides the yardstick by which
human law can be judge, however what this means in the different legal philosophers
changes over time.
2
Natural law theory originated in ancient Greece with philosophers like Plato and
Aristotle.
3
They believe in the existence of universal, unchanging principles of justice,
accessible through human reason, which served as higher level against which human –
enacted laws could be sized.
4
Natural law theory was developed by the romans, romans
particularly the senator cicero, adapted Greek ideas. Cicero argued that true law is
“right reason in agreement with nature”, a universal and eternal law that is superior to
any state enacted legislation.
5
Both Greek philosophers Plato and Aristotle accepted
the existence of a metaphysical word, but Plato called this ideal and Aristotle called it
forms for Plato everything we can observe with our minds is nothing more than a bad
copy of the eternal ideal, while the ideals were forever and indestructible.
6
Aristotle
emphasizes that nothing ever consist only of material components, everything that exi
also has a purpose towards, which it strives in his thinking that purpose is provided by
the form 32-39.
7
1
Le roux wb, “natural theories” in Roeder c and moellendorf D(ed) jurisprudence (Juta Lansdowne 2004)
25-61.
2
Van der Vyver J.D. “law and morality” in Kahn E(ed) Fial Justitia: essay in honor of Oliver Deney schreiner
(Juta cape town 1983) 350-369 354; Clarke DM. “moral disagreement” in morality and the law (Mercier
press Dublin 1982/11.
3
Plato ideas on natural law can mostly be found in Plato De republics (Loeb classical library London
1930-19390) Book VII.
4
Aristotle metaphysics translated by Tredinnick H (Havard University press Cambridge Mass 1935) Book I.
5
Cicero M.T De republic (Hennemann 1961) 3.22, “East quidem vera Tex recta ratio naturae congruens,
diffusa in omnes, Constans, sempterna, quae vocet and officio lubendo, vetendo a traude deterrents,
quae tamen probes frustra iubet out vetat, nec improbos iubendo aut vetendo movert”.
6
Aristotle metaphysics translated by Tredinnick H (Havard University press Cambridge Mass 1935) Book I.
7
Tarnas R. the passion of the western mind (Pimlico London 1991)44; Magee B. The story of philosophy
(Dorling, Kindersley London 2000.) 24-31.
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Contemporary natural law
The major reinterpretation of natural law in the medieval period, Thomas Aquinas
integrated natural law with Christian theology he stablished a hierarchy of laws eternal
law ( God’s reason), Devine law (revelation), natural law ( human participation in the
eternal law through reason) and human law for Aquinas, a human law that violates
natural law is not a true8During
law. this period, thinkers like Hugo Grotius and John
Locke began to secure natural law. They argued that its principles were not necessarily
dependent on divine revelations but were discoverable through human reason alone,
forming the basis for human rights.
9
Modern context of natural law includes its decline
and revival.
10
Natural law theory declined with the rise of legal positivismth by the 19
century. However, it saw a significant revival after World War II as a reaction to the
atrocities committed under legally valid nazi laws. The re- established the idea that
positive law must meet a minimum moral standard, a principle that directly informs
martin Luther king Jr’s argument against segregation 11
Therefore,
laws. segregation laws
are well-known as “Jim crow law” where states and local statutes enacted primarily in
the southern and some boarder states of the united states fromththe to the
latemid-
19
20 centuries. These laws enforced racial segregation and discrimination against
th
African American, mandating separate facilities and denying fundamental 12
rights.
8
See passion 179-185; Russell history of western philosophy 444-454; Kelly history 12-128.
Aquinas T. summa Theological (vollstandige, ungekurtzete Deutsch-lateinisch)
9
Grotius was specifically influenced by Francisco Suarez who argued that the iusgentum (the basic for
the international law) was the closest to the natural law see Suarez f De legibus (Antwerp publisher
(unknown 1613) 2.6; De Groot H the law of war & peace (edited by Neff Sc) (Cambridge University press
2012) prol 8.
Kroeze, legal philosophy study guide, 63.
Kroeze, legal philosophy study guide, 65.
10
Kroeze, legal philosophy study guide, 77.
11
Legal positivism is the rejection of metaphysics (the basic ideas of the utilitarians can be deduced from
Mill J.S “on liberty” in three essays (oxford University press New York 1975) 12-15,16 is especially
interesting to that their approach also included a strong emphasis on individualism,
12
Martin Luther king Jr’s argument segregation law.
Plessy v Ferguson 163 U.S .537(1896).
Brown v Board of education of Topeka 347.U.S.438(1954).
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, lOMoARcPSD|66551144
QUESTION 2
Natural law theories all argues that judges are constrained by factors ( rules,
revelations, custom, outside law, the objectivist theory rejects these ideas for them
appeals to external factor are too vague and uncertain to ground the decision as judge
instead, they look for something objectivity real, we mean that these are things that ca
be physically observed and that form part of the system of legal material and
interpretation in some ways.
13
Objectivist theories accept that there is something either
inside the text or in the background to the text that can produced settled meaning in th
process of adjudication.
14
On the given fact, the magistrate bases their decision on their
own personal experience and subjective understanding of “working hours”, rejecting a
strict, clocked- based interpretation. They equate their own creative surges with
“working hours” and apply this personal logic to the tenant’s
15
case.
Court decision can be regarded as something that will produce rational and progressive
results. The judge is constrained by the meaning of the text as determined by these
objective factors. The objectivist theories only differ in what they regarded as the
relevant factor.
16
Legal theory that argues judicial decision are heavily influenced by the
judges personal experiences, belief and psychology, other than by abstract legal rules
done is a legal realism, legal realism is the idea of the judges personal experiences and
beliefs really impact their decision legal realism posits that the “law in the textbook” is
differ from the “law in action” it argues that judges rulings are often shaped by their
personal biases, political views, life experience and psychological inclinations, making
the judge personality a key factor in the outcome 17 ofHowever,
a case. the magistrate’s
reasoning is a textbook example of legal realism instead of sneaking an objective, lega
definition for “working hours”. Magistrate draws directly from personal experience (I
often experience a surge of energy”. By protecting their own work habits and philosoph
onto the case 18
(“I do not let the clock dictate. The same should hold true for y’s”), the
13
For a detailed discussion of theories of interpretation, see Kroeze IJ “powerplay; a playful theory of
interpretation “2007 TSAR 19-34.
14
Hutchinson A it’s all in the game; A non-foundationalist account of law and adjudicating (Duke
University press Durham N (2000) 10;9 “(Law is a) largely grounded, complete, and certain mode…of
human interaction.
15
D work-in’s work, while broader, touches on how judges construct meaning which is relevant to the
magistrate interpretative act.
16
Heart, the concept of law nd
ed,
(2 oxford university press, 1994, pp, 120-132)
17
Van der walt A.J.” modernity, normality, and meaning; 2000 Stellenbosch law review 21-49, 226-243 at
230.
18
Van marlek “Revisiting the politics of post- apartheid constitutional interpretation “2003 Journal for
South Africa law 549-557.
4|Page
Downloaded by Van Diesel ()
EXAM
PACK
2026
, lOMoARcPSD|66551144
QUESTION 1
According to martin Luther king jr. quote, he distinguishes between “just and unjust’’
laws. He also states that one has a good behavior and legal responsibility to respect jus
laws, but a moral responsibility to not respect unjust laws’ based on the idea that
human -made laws can be judged against good behavior levels, the specific legal
philosophical approach that martin Luther king Jr advocates can be a natural law
theory.
1
Natural law theory it an idea that states that there is a red set of laws that has
existed since before humans have made law and it provides the yardstick by which
human law can be judge, however what this means in the different legal philosophers
changes over time.
2
Natural law theory originated in ancient Greece with philosophers like Plato and
Aristotle.
3
They believe in the existence of universal, unchanging principles of justice,
accessible through human reason, which served as higher level against which human –
enacted laws could be sized.
4
Natural law theory was developed by the romans, romans
particularly the senator cicero, adapted Greek ideas. Cicero argued that true law is
“right reason in agreement with nature”, a universal and eternal law that is superior to
any state enacted legislation.
5
Both Greek philosophers Plato and Aristotle accepted
the existence of a metaphysical word, but Plato called this ideal and Aristotle called it
forms for Plato everything we can observe with our minds is nothing more than a bad
copy of the eternal ideal, while the ideals were forever and indestructible.
6
Aristotle
emphasizes that nothing ever consist only of material components, everything that exi
also has a purpose towards, which it strives in his thinking that purpose is provided by
the form 32-39.
7
1
Le roux wb, “natural theories” in Roeder c and moellendorf D(ed) jurisprudence (Juta Lansdowne 2004)
25-61.
2
Van der Vyver J.D. “law and morality” in Kahn E(ed) Fial Justitia: essay in honor of Oliver Deney schreiner
(Juta cape town 1983) 350-369 354; Clarke DM. “moral disagreement” in morality and the law (Mercier
press Dublin 1982/11.
3
Plato ideas on natural law can mostly be found in Plato De republics (Loeb classical library London
1930-19390) Book VII.
4
Aristotle metaphysics translated by Tredinnick H (Havard University press Cambridge Mass 1935) Book I.
5
Cicero M.T De republic (Hennemann 1961) 3.22, “East quidem vera Tex recta ratio naturae congruens,
diffusa in omnes, Constans, sempterna, quae vocet and officio lubendo, vetendo a traude deterrents,
quae tamen probes frustra iubet out vetat, nec improbos iubendo aut vetendo movert”.
6
Aristotle metaphysics translated by Tredinnick H (Havard University press Cambridge Mass 1935) Book I.
7
Tarnas R. the passion of the western mind (Pimlico London 1991)44; Magee B. The story of philosophy
(Dorling, Kindersley London 2000.) 24-31.
2|Page
Downloaded by Van Diesel ()
, lOMoARcPSD|66551144
Contemporary natural law
The major reinterpretation of natural law in the medieval period, Thomas Aquinas
integrated natural law with Christian theology he stablished a hierarchy of laws eternal
law ( God’s reason), Devine law (revelation), natural law ( human participation in the
eternal law through reason) and human law for Aquinas, a human law that violates
natural law is not a true8During
law. this period, thinkers like Hugo Grotius and John
Locke began to secure natural law. They argued that its principles were not necessarily
dependent on divine revelations but were discoverable through human reason alone,
forming the basis for human rights.
9
Modern context of natural law includes its decline
and revival.
10
Natural law theory declined with the rise of legal positivismth by the 19
century. However, it saw a significant revival after World War II as a reaction to the
atrocities committed under legally valid nazi laws. The re- established the idea that
positive law must meet a minimum moral standard, a principle that directly informs
martin Luther king Jr’s argument against segregation 11
Therefore,
laws. segregation laws
are well-known as “Jim crow law” where states and local statutes enacted primarily in
the southern and some boarder states of the united states fromththe to the
latemid-
19
20 centuries. These laws enforced racial segregation and discrimination against
th
African American, mandating separate facilities and denying fundamental 12
rights.
8
See passion 179-185; Russell history of western philosophy 444-454; Kelly history 12-128.
Aquinas T. summa Theological (vollstandige, ungekurtzete Deutsch-lateinisch)
9
Grotius was specifically influenced by Francisco Suarez who argued that the iusgentum (the basic for
the international law) was the closest to the natural law see Suarez f De legibus (Antwerp publisher
(unknown 1613) 2.6; De Groot H the law of war & peace (edited by Neff Sc) (Cambridge University press
2012) prol 8.
Kroeze, legal philosophy study guide, 63.
Kroeze, legal philosophy study guide, 65.
10
Kroeze, legal philosophy study guide, 77.
11
Legal positivism is the rejection of metaphysics (the basic ideas of the utilitarians can be deduced from
Mill J.S “on liberty” in three essays (oxford University press New York 1975) 12-15,16 is especially
interesting to that their approach also included a strong emphasis on individualism,
12
Martin Luther king Jr’s argument segregation law.
Plessy v Ferguson 163 U.S .537(1896).
Brown v Board of education of Topeka 347.U.S.438(1954).
3|Page
Downloaded by Van Diesel ()
, lOMoARcPSD|66551144
QUESTION 2
Natural law theories all argues that judges are constrained by factors ( rules,
revelations, custom, outside law, the objectivist theory rejects these ideas for them
appeals to external factor are too vague and uncertain to ground the decision as judge
instead, they look for something objectivity real, we mean that these are things that ca
be physically observed and that form part of the system of legal material and
interpretation in some ways.
13
Objectivist theories accept that there is something either
inside the text or in the background to the text that can produced settled meaning in th
process of adjudication.
14
On the given fact, the magistrate bases their decision on their
own personal experience and subjective understanding of “working hours”, rejecting a
strict, clocked- based interpretation. They equate their own creative surges with
“working hours” and apply this personal logic to the tenant’s
15
case.
Court decision can be regarded as something that will produce rational and progressive
results. The judge is constrained by the meaning of the text as determined by these
objective factors. The objectivist theories only differ in what they regarded as the
relevant factor.
16
Legal theory that argues judicial decision are heavily influenced by the
judges personal experiences, belief and psychology, other than by abstract legal rules
done is a legal realism, legal realism is the idea of the judges personal experiences and
beliefs really impact their decision legal realism posits that the “law in the textbook” is
differ from the “law in action” it argues that judges rulings are often shaped by their
personal biases, political views, life experience and psychological inclinations, making
the judge personality a key factor in the outcome 17 ofHowever,
a case. the magistrate’s
reasoning is a textbook example of legal realism instead of sneaking an objective, lega
definition for “working hours”. Magistrate draws directly from personal experience (I
often experience a surge of energy”. By protecting their own work habits and philosoph
onto the case 18
(“I do not let the clock dictate. The same should hold true for y’s”), the
13
For a detailed discussion of theories of interpretation, see Kroeze IJ “powerplay; a playful theory of
interpretation “2007 TSAR 19-34.
14
Hutchinson A it’s all in the game; A non-foundationalist account of law and adjudicating (Duke
University press Durham N (2000) 10;9 “(Law is a) largely grounded, complete, and certain mode…of
human interaction.
15
D work-in’s work, while broader, touches on how judges construct meaning which is relevant to the
magistrate interpretative act.
16
Heart, the concept of law nd
ed,
(2 oxford university press, 1994, pp, 120-132)
17
Van der walt A.J.” modernity, normality, and meaning; 2000 Stellenbosch law review 21-49, 226-243 at
230.
18
Van marlek “Revisiting the politics of post- apartheid constitutional interpretation “2003 Journal for
South Africa law 549-557.
4|Page
Downloaded by Van Diesel ()
