LEG2601
Assignment 1
Semester 1
Due 13 April 2026
, Question
Critically evaluate how the environmental legal framework relates to morals and
societal values. In your answer, explain how environmental law differs from other
social norms (such as cultural practices and ethical behaviour) and how the
environmental legal framework, as opposed to social norms, gives effect to the
environmental right contained in South Africa’s Constitution.
Answer
1. Relationship between the environmental legal framework, morals, and societal values
The environmental legal framework in South Africa is closely linked to societal morals
and values because laws are often created to reflect what society considers important,
acceptable, and just. Environmental protection is rooted in moral ideas such as respect
for nature, responsibility towards future generations, and fairness in the use of natural
resources (Kidd, 2011).
In South Africa, societal values have been shaped by the country’s history of inequality,
environmental degradation, and unequal access to resources. Communities that were
previously marginalised often suffered the worst environmental harm, such as pollution,
unsafe water, and land degradation. These experiences influenced a moral shift
towards recognising environmental protection as a matter of justice and human dignity
rather than merely conservation (Ferreira, 2014).
This moral shift is reflected in the Constitution of the Republic of South Africa, 1996,
particularly section 24, which recognises a healthy environment as a fundamental
human right. The environmental legal framework therefore translates shared moral
concerns about health, wellbeing, and sustainability into enforceable legal duties and
standards.
However, while morals and societal values inspire environmental law, they are not
sufficient on their own to protect the environment. Moral beliefs may vary between
Assignment 1
Semester 1
Due 13 April 2026
, Question
Critically evaluate how the environmental legal framework relates to morals and
societal values. In your answer, explain how environmental law differs from other
social norms (such as cultural practices and ethical behaviour) and how the
environmental legal framework, as opposed to social norms, gives effect to the
environmental right contained in South Africa’s Constitution.
Answer
1. Relationship between the environmental legal framework, morals, and societal values
The environmental legal framework in South Africa is closely linked to societal morals
and values because laws are often created to reflect what society considers important,
acceptable, and just. Environmental protection is rooted in moral ideas such as respect
for nature, responsibility towards future generations, and fairness in the use of natural
resources (Kidd, 2011).
In South Africa, societal values have been shaped by the country’s history of inequality,
environmental degradation, and unequal access to resources. Communities that were
previously marginalised often suffered the worst environmental harm, such as pollution,
unsafe water, and land degradation. These experiences influenced a moral shift
towards recognising environmental protection as a matter of justice and human dignity
rather than merely conservation (Ferreira, 2014).
This moral shift is reflected in the Constitution of the Republic of South Africa, 1996,
particularly section 24, which recognises a healthy environment as a fundamental
human right. The environmental legal framework therefore translates shared moral
concerns about health, wellbeing, and sustainability into enforceable legal duties and
standards.
However, while morals and societal values inspire environmental law, they are not
sufficient on their own to protect the environment. Moral beliefs may vary between
