LJU4801 ASSIGNMENT 1 SEMESTER 1 2023

LJU4801 Assignment 1 Semester 1 2023 ANSWERS 100% TRUSTED workings, explanations and solutions. For assistance call or us on 079 811 9845 . QUESTION 1 One of the most popular theories for South African courts (in cases of constitutional interpretation) is the intentionalist theory. In terms of this theory a. judges are part of a community of interpreters and this community determines how judges must decide cases. b. judges are constrained by the tradition of the legal system within which they operate. c. judges discover the law and do not make the law. d. the basic idea is that, in order to be legitimate, court decisions must give effect to the autocratic intent of the legislature. QUESTION 2 One of the main ideas in legal positivism is that a. the idea of law as a social construct makes it impossible to criticise the law. b. law and morality cannot be separated. c. law is based on social agreement. d. Law is derived from internal set of rules QUESTION 3 Considering the debates between natural law and legal positivism, it can be argued that is the default mode of the South African judiciary. a. legal positivism. b. natural law. c. constitutionalism. d. concept of ubuntu. QUESTION 4 African legal philosophy (tradition) is characterised by a. its retributive approach to dealing with disputes. b. its oral tradition, communitarianis reconciliation, and a lack of separation between law, religion, and morality. c. its system of legal of legal rules which are in conflict with central notions of transformative constitutionalism. d. its total disregard of the rights of the disputants. QUESTION 5 a. Argue that laws that are correctly made cannot be morally evil laws b. Emphasise that courts must decide cases based merely on the literally meaning of the law QUESTION 6 One of the most consistent debate in legal philosophy is the relationship between law and morality. At the most basic, the question is can and should the law enforce moral convictions. The answer to this question has, in history of legal philosophy been answered by a. Following what the law of the land dictates b. Differentiating between the concept of justice and unjust laws c. Differentiating between moral law and moral convictions d. Looking at the two approaches to debate, namely natural law and legal positivism theories QUESTION 7 As far as adjudication of cases is concerned, the objectivist theories argue that ……….. a. Judges are constrained by the meaning of text as determined by the subjective factors b. Judges are not constrained by external factors c. Court decisions can be regarded as something that will produce irrational and backward results d. Judges are constrained by their own personal opinions QUESTION 8 In terms of natural thinking …… a. Natural law is the yardstick against which measure all laws which are based on religious beliefs. b. Laws are just if they are based on facts c. Facts and values must be separated from each other d. Natural law provides the yardstick by which human can be judged QUESTION 9 Which of the following philosophers proposed a system of mathematics that would enable people to know the natural law? a. Aquinas b. Plato c. Aristotle d. Grotius QUESTION 10 There are various definitions of legal philosophy. Which one of the following statements can be described as basic characteristic of legal philosophy a. Legal philosophy is not concerned by the totality of legal science. It does study only a part of law. b. Legal philosophy is also an isolated field of study. This means that legal philosophy studies only the law and its concepts c. Legal philosophy is primarily a theoretical field of study. Although practical aspects like the functioning of law and the consequences of legal judgements are important, the emphasis is on theoretical and critical analysis of the law. d. Legal philosophy tries to study law using its historical nature as point departure. This means that law may be seen as part of a greater historical system and of legal science in general.