LJU4801
ASSIGNMENT 2 2026
DUE: 7 APRIL 2026 (MEMO)
,LJU4801 ASSIGNMENT 2 2026
DUE 1 APRIL 2026
2. Your answers must include footnotes in the prescribed format and a
bibliography.
3. Do not include long quotations in your essay. Arguments and ideas must be
relayed in your own words.
Question 1
Write a paragraph explaining Ronald Dworkin’s objectivist theory on how
judges decide cases.
Ronald Dworkin's objectivist theory assumes that judges are constrained by objective
factors when deciding cases, particularly through the principles embedded in the legal
system's tradition.¹ Dworkin distinguishes between "easy cases" and "hard cases." In
easy cases, there is typically only one rule that can be applied, which the judge simply
,LJU4801 ASSIGNMENT 1 2026
DUE 1 APRIL 2026
2. Your answers must include footnotes in the prescribed format and a
bibliography.
3. Do not include long quotations in your essay. Arguments and ideas must be
relayed in your own words.
Question 1
Write a paragraph explaining Ronald Dworkin’s objectivist theory on how
judges decide cases.
Ronald Dworkin's objectivist theory assumes that judges are constrained by objective
factors when deciding cases, particularly through the principles embedded in the legal
system's tradition.¹ Dworkin distinguishes between "easy cases" and "hard cases." In
easy cases, there is typically only one rule that can be applied, which the judge simply
applies. In hard cases, however, where more than one rule is applicable, the judge must
determine which rule "fits" the case by evaluating which rule has greater weight or
value.² This determination is made by examining the principles that underpin the rules
the rule supported by the relevant principle carries more weight. These principles are
discovered within the tradition of the legal system, found primarily in case law and
precedent.³ As a result, judges are constrained not by their personal preferences but by
the tradition and established principles of the legal system within which they operate.⁴
¹ IJ Kroeze, Legal Philosophy Study Guide (University of South Africa 2017) 119-120.
² Kroeze (n 1) 119.
³ Kroeze (n 1) 119.
⁴ Kroeze (n 1) 120.
, Question 2: Comparison Between African Theories of Adjudication and Dworkin's
Theory
African theories of adjudication share similarities with Dworkin's theory in their emphasis
on communitarian constraints on judicial decision-making. Like Dworkin's focus on the
tradition of the legal system as a source of principles, African legal philosophy regards
the community's ideas and convictions as placing considerable constraints on judges'
decisions.⁵ Traditional African adjudication, such as that conducted by chiefs and
headmen, demonstrates that decisions are constrained by community values and the
goal of maintaining social cohesion.⁶
However, African theories differ from Dworkin's theory in several significant respects.
While Dworkin's constraints are drawn from legal tradition and precedent within a formal
legal system, African theories draw constraints from broader community norms,
including religion and morality, which are not separate from law.⁷ African adjudication is
primarily reconciliatory rather than rule-focused, seeking to restore social equilibrium
rather than merely determine which rule has greater weight.⁸ Also, the African approach
emphasises the collective interests of the community over individual rights, whereas
Dworkin's theory, while communitarian, operates within a liberal framework that values
individual rights and principles.⁹
⁵ Kroeze (n 1) 120.
⁶ Kroeze (n 1) 120.
⁷ Kroeze (n 1) 112.
⁸ Kroeze (n 1) 112, 151.
⁹ Kroeze (n 1) 149-150.
ASSIGNMENT 2 2026
DUE: 7 APRIL 2026 (MEMO)
,LJU4801 ASSIGNMENT 2 2026
DUE 1 APRIL 2026
2. Your answers must include footnotes in the prescribed format and a
bibliography.
3. Do not include long quotations in your essay. Arguments and ideas must be
relayed in your own words.
Question 1
Write a paragraph explaining Ronald Dworkin’s objectivist theory on how
judges decide cases.
Ronald Dworkin's objectivist theory assumes that judges are constrained by objective
factors when deciding cases, particularly through the principles embedded in the legal
system's tradition.¹ Dworkin distinguishes between "easy cases" and "hard cases." In
easy cases, there is typically only one rule that can be applied, which the judge simply
,LJU4801 ASSIGNMENT 1 2026
DUE 1 APRIL 2026
2. Your answers must include footnotes in the prescribed format and a
bibliography.
3. Do not include long quotations in your essay. Arguments and ideas must be
relayed in your own words.
Question 1
Write a paragraph explaining Ronald Dworkin’s objectivist theory on how
judges decide cases.
Ronald Dworkin's objectivist theory assumes that judges are constrained by objective
factors when deciding cases, particularly through the principles embedded in the legal
system's tradition.¹ Dworkin distinguishes between "easy cases" and "hard cases." In
easy cases, there is typically only one rule that can be applied, which the judge simply
applies. In hard cases, however, where more than one rule is applicable, the judge must
determine which rule "fits" the case by evaluating which rule has greater weight or
value.² This determination is made by examining the principles that underpin the rules
the rule supported by the relevant principle carries more weight. These principles are
discovered within the tradition of the legal system, found primarily in case law and
precedent.³ As a result, judges are constrained not by their personal preferences but by
the tradition and established principles of the legal system within which they operate.⁴
¹ IJ Kroeze, Legal Philosophy Study Guide (University of South Africa 2017) 119-120.
² Kroeze (n 1) 119.
³ Kroeze (n 1) 119.
⁴ Kroeze (n 1) 120.
, Question 2: Comparison Between African Theories of Adjudication and Dworkin's
Theory
African theories of adjudication share similarities with Dworkin's theory in their emphasis
on communitarian constraints on judicial decision-making. Like Dworkin's focus on the
tradition of the legal system as a source of principles, African legal philosophy regards
the community's ideas and convictions as placing considerable constraints on judges'
decisions.⁵ Traditional African adjudication, such as that conducted by chiefs and
headmen, demonstrates that decisions are constrained by community values and the
goal of maintaining social cohesion.⁶
However, African theories differ from Dworkin's theory in several significant respects.
While Dworkin's constraints are drawn from legal tradition and precedent within a formal
legal system, African theories draw constraints from broader community norms,
including religion and morality, which are not separate from law.⁷ African adjudication is
primarily reconciliatory rather than rule-focused, seeking to restore social equilibrium
rather than merely determine which rule has greater weight.⁸ Also, the African approach
emphasises the collective interests of the community over individual rights, whereas
Dworkin's theory, while communitarian, operates within a liberal framework that values
individual rights and principles.⁹
⁵ Kroeze (n 1) 120.
⁶ Kroeze (n 1) 120.
⁷ Kroeze (n 1) 112.
⁸ Kroeze (n 1) 112, 151.
⁹ Kroeze (n 1) 149-150.
