,LJU4801 SEMESTER 2 PORTFOLIO
DUE DATE: 19 OCTOBER 2026
QUESTION 1
1.1 Philosophy as Rational Enquiry
Philosophy is the systematic examination of fundamental questions concerning knowledge,
reality, morality and human existence. It relies on reason, logical argument and critical
thinking to evaluate beliefs and determine whether they are supported by convincing
explanations (Blackburn, 2013).1 Rather than accepting ideas simply because they are
traditional or widely accepted, philosophy encourages individuals to question assumptions
and consider alternative viewpoints.2
Rational enquiry requires people to justify their opinions with reasons and critically assess
the arguments of others.3 For example, someone may believe that a law is fair simply
because it was introduced by the government. A philosophical approach would examine
whether the law protects human rights, promotes equality and produces just outcomes.
This demonstrates the importance of evaluating legal rules through reasoned arguments
rather than accepting them without question.4
Philosophy also promotes open-mindedness by encouraging individuals to reconsider their
conclusions when presented with stronger arguments or new evidence. This process helps
distinguish unsupported opinions from conclusions based on logical reasoning.5 Rational
enquiry is therefore important in developing independent judgement and a deeper
understanding of complex issues.
1
S Blackburn, Think: A Compelling Introduction to Philosophy, 2nd edn (Oxford University Press 2013).
2
N Bunnin and EP Tsui-James (eds), The Blackwell Companion to Philosophy, 2nd edn (Blackwell Publishing
2003).
3
Blackburn (n 1).
4
HLA Hart, The Concept of Law, 3rd edn (Oxford University Press 2012).
5
Blackburn (n 1).
, In legal studies, philosophy provides a foundation for examining the purpose of law, the
meaning of justice and the relationship between legal rules and moral values. Hart (2012)
explains that understanding law requires an examination of its nature and the rules that
establish legal authority.6 Philosophical enquiry consequently enables individuals to assess
whether laws are reasonable, legitimate and morally defensible.
1.2 Legal Philosophy
Legal philosophy, also known as jurisprudence, examines the nature, purpose and authority
of law. It considers questions about what makes a rule legally valid, whether law must
reflect moral principles and how judges should interpret legal rules when their meaning is
uncertain (Hart, 2012).7 These questions help explain the foundations of legal systems and
the principles that guide legal decision-making.
One important concern in legal philosophy is the relationship between law and morality.
Legal positivists distinguish the validity of law from its moral value, while natural law
theorists emphasise the connection between law, reason and justice. Dworkin (1977),
meanwhile, highlights the importance of legal principles and individual rights in interpreting
and applying the law.8 These perspectives provide different ways of understanding whether
a legal rule should be accepted, challenged or reconsidered.
Legal philosophy also examines the functions of courts, the rights and responsibilities of
citizens, the limits of government authority and the meaning of equality. For example,
when legislation appears to discriminate against a particular group, legal philosophy
provides a framework for examining its legal validity, moral justification and possible need
for reform.
In South Africa, legal philosophy is particularly important because the Constitution
establishes human dignity, equality and freedom as foundational values. Section 1 of the
Constitution identifies these values as essential features of the Republic, while section 39(2)
requires courts to promote the spirit, purport and objects of the Bill of Rights when
interpreting legislation and developing the common law or customary law (Republic of
6
Hart (n 4).
7
Hart (n 4).
8
R Dworkin, Taking Rights Seriously (Harvard University Press 1977).
DUE DATE: 19 OCTOBER 2026
QUESTION 1
1.1 Philosophy as Rational Enquiry
Philosophy is the systematic examination of fundamental questions concerning knowledge,
reality, morality and human existence. It relies on reason, logical argument and critical
thinking to evaluate beliefs and determine whether they are supported by convincing
explanations (Blackburn, 2013).1 Rather than accepting ideas simply because they are
traditional or widely accepted, philosophy encourages individuals to question assumptions
and consider alternative viewpoints.2
Rational enquiry requires people to justify their opinions with reasons and critically assess
the arguments of others.3 For example, someone may believe that a law is fair simply
because it was introduced by the government. A philosophical approach would examine
whether the law protects human rights, promotes equality and produces just outcomes.
This demonstrates the importance of evaluating legal rules through reasoned arguments
rather than accepting them without question.4
Philosophy also promotes open-mindedness by encouraging individuals to reconsider their
conclusions when presented with stronger arguments or new evidence. This process helps
distinguish unsupported opinions from conclusions based on logical reasoning.5 Rational
enquiry is therefore important in developing independent judgement and a deeper
understanding of complex issues.
1
S Blackburn, Think: A Compelling Introduction to Philosophy, 2nd edn (Oxford University Press 2013).
2
N Bunnin and EP Tsui-James (eds), The Blackwell Companion to Philosophy, 2nd edn (Blackwell Publishing
2003).
3
Blackburn (n 1).
4
HLA Hart, The Concept of Law, 3rd edn (Oxford University Press 2012).
5
Blackburn (n 1).
, In legal studies, philosophy provides a foundation for examining the purpose of law, the
meaning of justice and the relationship between legal rules and moral values. Hart (2012)
explains that understanding law requires an examination of its nature and the rules that
establish legal authority.6 Philosophical enquiry consequently enables individuals to assess
whether laws are reasonable, legitimate and morally defensible.
1.2 Legal Philosophy
Legal philosophy, also known as jurisprudence, examines the nature, purpose and authority
of law. It considers questions about what makes a rule legally valid, whether law must
reflect moral principles and how judges should interpret legal rules when their meaning is
uncertain (Hart, 2012).7 These questions help explain the foundations of legal systems and
the principles that guide legal decision-making.
One important concern in legal philosophy is the relationship between law and morality.
Legal positivists distinguish the validity of law from its moral value, while natural law
theorists emphasise the connection between law, reason and justice. Dworkin (1977),
meanwhile, highlights the importance of legal principles and individual rights in interpreting
and applying the law.8 These perspectives provide different ways of understanding whether
a legal rule should be accepted, challenged or reconsidered.
Legal philosophy also examines the functions of courts, the rights and responsibilities of
citizens, the limits of government authority and the meaning of equality. For example,
when legislation appears to discriminate against a particular group, legal philosophy
provides a framework for examining its legal validity, moral justification and possible need
for reform.
In South Africa, legal philosophy is particularly important because the Constitution
establishes human dignity, equality and freedom as foundational values. Section 1 of the
Constitution identifies these values as essential features of the Republic, while section 39(2)
requires courts to promote the spirit, purport and objects of the Bill of Rights when
interpreting legislation and developing the common law or customary law (Republic of
6
Hart (n 4).
7
Hart (n 4).
8
R Dworkin, Taking Rights Seriously (Harvard University Press 1977).
