,LJU4801 MAY JUNE PORTFOLIO (COMPLETE
ANSWERS) Semester 1 2025 - DUE 28 May 2025;
100% TRUSTED Complete, trusted solutions and
explanations.
MULTIPLE CHOICE,ASSURED EXCELLENECE
Question 1 Read the following scenario and then answer the
question below: In South Africa, prostitution constitutes a crime
in terms of the Sexual Offences Act 23 of 1957. There are
divergent views on the rationale behind the criminalisation of
prostitution. Some attribute the non-recognition of prostitution
to the immorality of the conduct, while others are of the
opinion that the law has nothing to do with the morality or
immorality of the prohibited conduct. 1.1 Identify and discuss
the two philosophical approaches being used here. Your answer
should not exceed 750 words. (15) 1.2 According to the
positivist theory of adjudication, is the South African position
on prostitution based on law or immorality? Discuss. Your
answer should not exceed 750 words. (15) [30] Question 2 Read
the following scenario and then answer the questions below: In
1931, the then Appellate Division heard the case of Collett v
Priest 1931 AD 290. Mr Collett lodged an appeal against the
judgment which placed his estate under sequestration. In the
course of its judgment, the court remarked as follows: [301] “…
great as is the respect which this Court entertains for the
opinion of so eminent a judge, we cannot allow reasons of that
,kind to override an unbroken series of decisions in this Court,
unless clearly shown to be wrong. Stare decisis is a sound
principle and one which has been adopted in South African
practice. No reason has been adduced either by the learned
JUDGE PRESIDENT or by Counsel for appellant, for reversing the
decisions of this Court on the matter before us.” 2.1 From the
objectivist theories’ perspective, judges are part of a
community of interpreters and this community determines how
judges must decide cases. Discuss what this perspective entails.
In your discussion, refer to Dworkin’s communalist theory. Your
answer should not exceed 500 words. (10) LJU4801 May/June
2025 2.2 Based on your answer to question 2.1 above, discuss
how the doctrine of judicial precedent (stare decisis) resonates
with the notion that judges are constrained in their decision-
making by the community of interpreters. Your answer should
not exceed 500 words. (10) [20] Question 3 Read the following
scenario and then answer the question below: In the case of S v
Maluleke 2008 (1) SACR 49 (T) the court said the following: [24]
“…a suitable sentence could be imposed that also created an
opportunity to begin to heal the wounds that the commission
of the crime caused to the family of the deceased and to the
community at large.” AND [25] “The particular circumstances of
this case created the opportunity to introduce the principles of
restorative justice into the sentencing process.” FURTHERMORE
[26] “Restorative justice… emphasises the need for reparation,
, healing and rehabilitation rather than harsher sentences….” 3.1
Discuss how the court’s remarks resonate with notion of
communitarianism and reconciliation, which are central to
African legal philosophy. Your answer should not exceed 1250
words. (25) Question 4 4.1 Discuss the four main ideas that
form the basis for critical legal theory. Your answer should not
exceed 750 words. (15) 4.2 Mary Joe Frug argues that the law
“encodes” the female body with meaning. Briefly discuss how
the law mandates the sexualisation of the female body. Your
answer should not exceed 500 words. (10)
Question 1
1.1 Identify and discuss the two philosophical approaches
being used here. (15)
The scenario presents two distinct philosophical approaches to
the criminalisation of prostitution:
1. Natural Law Theory:
This approach argues that there is a necessary connection
between law and morality. In this view, laws are only valid if
they align with a higher moral order or natural rights. The
criminalisation of prostitution, from this perspective, is justified
on moral grounds — it is seen as inherently immoral or
degrading and thus deserving of legal prohibition. Supporters of
this view believe that the law should reflect societal morals and
values, aiming to uphold a moral community.
ANSWERS) Semester 1 2025 - DUE 28 May 2025;
100% TRUSTED Complete, trusted solutions and
explanations.
MULTIPLE CHOICE,ASSURED EXCELLENECE
Question 1 Read the following scenario and then answer the
question below: In South Africa, prostitution constitutes a crime
in terms of the Sexual Offences Act 23 of 1957. There are
divergent views on the rationale behind the criminalisation of
prostitution. Some attribute the non-recognition of prostitution
to the immorality of the conduct, while others are of the
opinion that the law has nothing to do with the morality or
immorality of the prohibited conduct. 1.1 Identify and discuss
the two philosophical approaches being used here. Your answer
should not exceed 750 words. (15) 1.2 According to the
positivist theory of adjudication, is the South African position
on prostitution based on law or immorality? Discuss. Your
answer should not exceed 750 words. (15) [30] Question 2 Read
the following scenario and then answer the questions below: In
1931, the then Appellate Division heard the case of Collett v
Priest 1931 AD 290. Mr Collett lodged an appeal against the
judgment which placed his estate under sequestration. In the
course of its judgment, the court remarked as follows: [301] “…
great as is the respect which this Court entertains for the
opinion of so eminent a judge, we cannot allow reasons of that
,kind to override an unbroken series of decisions in this Court,
unless clearly shown to be wrong. Stare decisis is a sound
principle and one which has been adopted in South African
practice. No reason has been adduced either by the learned
JUDGE PRESIDENT or by Counsel for appellant, for reversing the
decisions of this Court on the matter before us.” 2.1 From the
objectivist theories’ perspective, judges are part of a
community of interpreters and this community determines how
judges must decide cases. Discuss what this perspective entails.
In your discussion, refer to Dworkin’s communalist theory. Your
answer should not exceed 500 words. (10) LJU4801 May/June
2025 2.2 Based on your answer to question 2.1 above, discuss
how the doctrine of judicial precedent (stare decisis) resonates
with the notion that judges are constrained in their decision-
making by the community of interpreters. Your answer should
not exceed 500 words. (10) [20] Question 3 Read the following
scenario and then answer the question below: In the case of S v
Maluleke 2008 (1) SACR 49 (T) the court said the following: [24]
“…a suitable sentence could be imposed that also created an
opportunity to begin to heal the wounds that the commission
of the crime caused to the family of the deceased and to the
community at large.” AND [25] “The particular circumstances of
this case created the opportunity to introduce the principles of
restorative justice into the sentencing process.” FURTHERMORE
[26] “Restorative justice… emphasises the need for reparation,
, healing and rehabilitation rather than harsher sentences….” 3.1
Discuss how the court’s remarks resonate with notion of
communitarianism and reconciliation, which are central to
African legal philosophy. Your answer should not exceed 1250
words. (25) Question 4 4.1 Discuss the four main ideas that
form the basis for critical legal theory. Your answer should not
exceed 750 words. (15) 4.2 Mary Joe Frug argues that the law
“encodes” the female body with meaning. Briefly discuss how
the law mandates the sexualisation of the female body. Your
answer should not exceed 500 words. (10)
Question 1
1.1 Identify and discuss the two philosophical approaches
being used here. (15)
The scenario presents two distinct philosophical approaches to
the criminalisation of prostitution:
1. Natural Law Theory:
This approach argues that there is a necessary connection
between law and morality. In this view, laws are only valid if
they align with a higher moral order or natural rights. The
criminalisation of prostitution, from this perspective, is justified
on moral grounds — it is seen as inherently immoral or
degrading and thus deserving of legal prohibition. Supporters of
this view believe that the law should reflect societal morals and
values, aiming to uphold a moral community.
