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LJU4801 Portfolio (OCTOBER/NOVEMBER) Semester 2 2024 - DUE 30 October 2024

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LJU4801 October/November PORTFOLIO Semester 2 2024 - DUE 30 October 2024 ;100 % TRUSTED workings, Expert Solved, Explanations and Solutions. For assistance call or W.h.a.t.s.a.p.p us on ...(.+.2.5.4.7.7.9.5.4.0.1.3.2)........... Question 1 Read the following scenario and then answer the question below: The football governing body is investigating Mark Pachio’s deliberate handball during the quarter final match between Shibobo FC and Maluti FC. Shibobo FC defender, Pachio, used his hand to stop Mpho Motale’s header on the line which would have sent Maluti FC through to the semi-final. While Pachio was given a straight red card for his actions, his 'Hand of God' intervention ultimately paid-off as Maluti FC missed the resulting penalty and Shibobo FC went through to the semi-final after winning the shoot-out. Shibobo FC does not consider that handball as unfair or dishonest play but rather as an act for the higher purpose of winning the game. Maluti FC, however, sees the handball as unfair play which is inconsistent with the fair play code. 1. Discuss the different philosophical approaches being used here (NB apply the approaches to the set of facts). In your substantiated opinion, which approach is the correct one? Your answer should not exceed 1250 words. (25) [25] Question 2 Read the following scenario and then answer the question below: In the case of R v Sachs 1953 (1) SA 392 (A) the Appeal Court said the following: [339 H – 400 D] "(W)here the statute under consideration in clear terms confers on the Executive autocratic power over individuals, courts of law have no option but to give effect to the will of the Legislature as expressed in the statute. … The dictum is no authority for saying that the Courts may restrain the executive when it acts within the powers conferred by a statute”. . This decision is often quoted as an example of positivist adjudication. Do you agree that it is positivist? Give reasons for your answer. Your answer should not exceed 500 words.

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LJU4801
OCT/NOV PORTFOLIO 2024
UNIQUE NO.
DUE DATE: 30 OCTOBER 2024

, LJU4801

October November Portfolio Semester 2 2024

Unique Number:

Due Date: 30 October 2024

Legal Philosophy

Question 1

The scenario with Mark Pachio’s handball in the Shibobo FC vs. Maluti FC match brings
forward a clash of two philosophical approaches to ethics in sports: consequentialism
and deontology. Let’s unpack these approaches as they apply to this situation, then look
at which one might hold more weight in a case like this. Both approaches bring different
lenses to the incident, shaping our understanding of what makes an action "right" or
"wrong" in sports.

Consequentialism: Winning as the Ultimate Goal

The perspective of Shibobo FC reflects a consequentialist approach. In ethics,
consequentialism judges the rightness of an action based solely on the outcomes or
consequences it produces. This approach suggests that if the end result is positive,
then the action that achieved it can be justified—even if that action involves breaking
the rules. Shibobo FC’s view that Pachio’s handball was an "act for the higher purpose
of winning the game" is rooted in this kind of thinking. Pachio’s action of stopping the
ball with his hand kept his team’s hopes alive, and ultimately, they made it through to
the semi-final.

From this perspective, Pachio's red card and the penalty awarded were part of the
game’s consequences, factored into the strategy with a "risk and reward" mindset. They
knew that he might be penalized, but Pachio’s act would give them a better chance of
winning, especially given the uncertainty surrounding penalty kicks. They were aware of
the rules, took a calculated risk, and succeeded because the outcome favored them.

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