,LJU4801 MAY JUNE PORTFOLIO (COMPLETE
ANSWERS) Semester 1 2025 - DUE 28 May 2025;
100% TRUSTED Complete, trusted solutions and
MULTIPLE CHOICE,ASSURED EXCELLENECE
Question 1
1.1 Identify and discuss the two philosophical approaches
being used here (15 marks, ≤ 750 words)
Scenario Summary:
The criminalisation of prostitution in South Africa is viewed
from two opposing philosophical approaches:
One sees prostitution as immoral conduct justifying
criminalisation.
The other sees the law as independent of morality,
focusing on law as law.
Philosophical Approaches:
1. Natural Law Theory (Morality-Based Approach)
Core idea: Law is inherently connected to morality. Legal
rules are valid only if they conform to moral principles.
Proponents argue that prostitution is immoral and
harmful to society’s moral fabric, so laws criminalising it
are justified by its immorality.
, Law reflects universal moral truths (justice, fairness), and
law’s legitimacy depends on its moral content.
If a law is immoral, it is unjust and should not be obeyed.
2. Legal Positivism (Law as Separate from Morality)
Core idea: Law is a set of rules created by legitimate
authority, regardless of moral content.
According to positivists, the law’s validity comes from
being duly enacted by competent authorities, not from
moral evaluation.
The criminalisation of prostitution is based on the fact
that Parliament or relevant legal authority enacted such a
law, regardless of whether prostitution is moral or
immoral.
Morality and law are separate domains; laws can be
immoral yet legally valid, and moral rules may not be
legally binding.
Discussion:
The natural law view justifies criminalisation based on
the immorality of prostitution. It sees the law as a means
to uphold societal values and protect moral order.
The positivist view suggests the law criminalises
prostitution because the legislature says so, independent
, of moral arguments. It treats law as a social fact, not a
moral imperative.
This divergence highlights debates in jurisprudence about
whether law should enforce morality or maintain social
order irrespective of morality.
1.2 According to the positivist theory of adjudication, is the
South African position on prostitution based on law or
immorality? Discuss (15 marks, ≤ 750 words)
Positivist Theory of Adjudication
Judges decide cases by applying existing legal rules, not
by applying their personal moral views.
Law is what the sovereign enacts, and judges must follow
the letter of the law (legal rules/statutes) regardless of
whether the law is moral or immoral.
Positivism emphasizes separation of law and morality.
Application to South African Prostitution Law:
The South African Sexual Offences Act criminalising
prostitution reflects law, not morality, according to
positivism.
The legal status of prostitution is determined by the fact
that the legislature enacted the law; the law’s validity is
ANSWERS) Semester 1 2025 - DUE 28 May 2025;
100% TRUSTED Complete, trusted solutions and
MULTIPLE CHOICE,ASSURED EXCELLENECE
Question 1
1.1 Identify and discuss the two philosophical approaches
being used here (15 marks, ≤ 750 words)
Scenario Summary:
The criminalisation of prostitution in South Africa is viewed
from two opposing philosophical approaches:
One sees prostitution as immoral conduct justifying
criminalisation.
The other sees the law as independent of morality,
focusing on law as law.
Philosophical Approaches:
1. Natural Law Theory (Morality-Based Approach)
Core idea: Law is inherently connected to morality. Legal
rules are valid only if they conform to moral principles.
Proponents argue that prostitution is immoral and
harmful to society’s moral fabric, so laws criminalising it
are justified by its immorality.
, Law reflects universal moral truths (justice, fairness), and
law’s legitimacy depends on its moral content.
If a law is immoral, it is unjust and should not be obeyed.
2. Legal Positivism (Law as Separate from Morality)
Core idea: Law is a set of rules created by legitimate
authority, regardless of moral content.
According to positivists, the law’s validity comes from
being duly enacted by competent authorities, not from
moral evaluation.
The criminalisation of prostitution is based on the fact
that Parliament or relevant legal authority enacted such a
law, regardless of whether prostitution is moral or
immoral.
Morality and law are separate domains; laws can be
immoral yet legally valid, and moral rules may not be
legally binding.
Discussion:
The natural law view justifies criminalisation based on
the immorality of prostitution. It sees the law as a means
to uphold societal values and protect moral order.
The positivist view suggests the law criminalises
prostitution because the legislature says so, independent
, of moral arguments. It treats law as a social fact, not a
moral imperative.
This divergence highlights debates in jurisprudence about
whether law should enforce morality or maintain social
order irrespective of morality.
1.2 According to the positivist theory of adjudication, is the
South African position on prostitution based on law or
immorality? Discuss (15 marks, ≤ 750 words)
Positivist Theory of Adjudication
Judges decide cases by applying existing legal rules, not
by applying their personal moral views.
Law is what the sovereign enacts, and judges must follow
the letter of the law (legal rules/statutes) regardless of
whether the law is moral or immoral.
Positivism emphasizes separation of law and morality.
Application to South African Prostitution Law:
The South African Sexual Offences Act criminalising
prostitution reflects law, not morality, according to
positivism.
The legal status of prostitution is determined by the fact
that the legislature enacted the law; the law’s validity is
