LJU4801 LEGAL PHILOSOPHY ASSIGNMENT 2 LATEST
UPDATED 2026-2027 ACTUAL FINAL PRACTICE EXAM
WITH COMPLETE DETAILED 100 QUESTIONS AND
CORRECT VERIFIED ANSWERS WITH RELIABLE
RATIONALES PLUS ANSWER KEY 100% GUARANTEED
PASS GOOD LUCK!!!
Question 1
In the Prince v President of the Law Society of the Cape of Good Hope 2002 (2) SA
794 judgment, the majority decision primarily followed which philosophical
approach?
A. Legal positivism
B. Natural law
C. Legal realism
D. Feminist jurisprudence
Answer: A
The majority decision in Prince followed a positivist approach, emphasising the
formal validity of the law as enacted by the legislature. The court focused on the
fact that the statutory prohibition on cannabis was still legally valid and
,enforceable. Natural law and legal realism approaches were less central to the
majority's reasoning, which prioritised the formal rules of the legal system over
moral or social considerations.
Question 2
Which philosophical approach characterised the minority decision in Prince v
President of the Law Society?
A. Strict legal positivism
B. Natural law or substantive reasoning
C. Postmodern legal theory
D. Critical legal studies
Answer: B
The minority judgment in Prince adopted a more substantive, natural law-oriented
approach. It considered the constitutional rights at stake and the broader societal
context, arguing that a blanket prohibition on cannabis use for religious purposes
was an unjustifiable limitation on rights. This reasoning aligns with a natural law
approach that considers moral and ethical principles beyond the formal text of the
statute.
Question 3
According to Mary Joe Frug, the law “encodes” the female body with meaning.
What does this imply about the legal system?
A. The law is neutral and objective regarding gender
B. The law reinforces patriarchal power structures
C. The law promotes gender equality
D. The law is irrelevant to gender issues
Answer: B
Frug argues that the law uses various doctrines to reinforce patriarchal power
structures by associating femininity with sexuality and vulnerability. This encoding
mandates the sexualisation of the female body, shaping legal discourses around
issues like rape, pornography, and prostitution, and often justifying state
regulation of women's bodies.
,Question 4
Which of the following best defines Natural Law according to the LJU4801
curriculum?
A. The idea that there is an immaterial, pre-political set of rules
B. The idea that there is a real, pre-political, metaphysical set of rules
C. The idea that there are political yet metaphysical rules
D. The idea that metaphysical gods made political rules
Answer: B
Natural law is defined as the idea that there is a real, pre-political, metaphysical
set of rules. This tradition posits that law is not merely a human creation but is
grounded in a universal moral order discoverable through reason. It contrasts with
legal positivism by asserting that unjust laws are not truly laws at all.
Question 5
How does legal positivism view the validity of law?
A. Law is valid only if it aligns with morality
B. Law is valid if it is created according to established social conventions and
procedures
C. Law is valid only if it promotes the public good
D. Law is valid only if it is derived from divine command
Answer: B
Legal positivism asserts that the validity of law is derived from social conventions
and formal enactments. According to this theory, the legitimacy of a law depends
on its procedural creation by authorised bodies, not its moral content. Courts and
judges must apply the law as it stands, without imposing their own moral views.
Question 6
A primary criticism of Ubuntu in the context of South African constitutionalism is
that it:
A. Is too easy to define and apply
B. Is consistent with all aspects of the Constitution
C. Entrenches patriarchy and may be inconsistent with the Constitution
D. Promotes individual rights over communal obligations
Answer: C
, One criticism of Ubuntu is that it can entrench patriarchal values and may be
inconsistent with the Constitution's commitment to gender equality. While Ubuntu
values community and reconciliation, these can sometimes reinforce traditional
hierarchies that marginalise women, conflicting with the transformative goals of
the Constitution.
Question 7
Which of the following is a characteristic of African legal philosophy (tradition)?
A. A retributive approach to dealing with disputes
B. An oral tradition, communitarianism, reconciliation, and a lack of separation
between law, religion, and morality
C. A total disregard of the rights of disputants
D. A system of legal rules in conflict with transformative constitutionalism
Answer: B
African legal philosophy is characterised by its oral tradition, communitarianism,
reconciliation, and the absence of a strict separation between law, religion, and
morality. This holistic approach emphasises the collective well-being of the
community and restorative justice over punitive measures.
Question 8
According to the tutorial letter, which philosopher proposed a system of
mathematics that would enable people to know the natural law?
A. Plato
B. Aristotle
C. Aquinas
D. Grotius
Answer: A
Plato proposed a system of mathematics that would enable people to know the
natural law. This reflects the Platonic idea that knowledge of the eternal Forms,
including the Form of the Good, could be attained through intellectual discipline,
including mathematics.
Question 9
What does Critical Legal Studies (CLS) argue is the origin of the indeterminacy of
UPDATED 2026-2027 ACTUAL FINAL PRACTICE EXAM
WITH COMPLETE DETAILED 100 QUESTIONS AND
CORRECT VERIFIED ANSWERS WITH RELIABLE
RATIONALES PLUS ANSWER KEY 100% GUARANTEED
PASS GOOD LUCK!!!
Question 1
In the Prince v President of the Law Society of the Cape of Good Hope 2002 (2) SA
794 judgment, the majority decision primarily followed which philosophical
approach?
A. Legal positivism
B. Natural law
C. Legal realism
D. Feminist jurisprudence
Answer: A
The majority decision in Prince followed a positivist approach, emphasising the
formal validity of the law as enacted by the legislature. The court focused on the
fact that the statutory prohibition on cannabis was still legally valid and
,enforceable. Natural law and legal realism approaches were less central to the
majority's reasoning, which prioritised the formal rules of the legal system over
moral or social considerations.
Question 2
Which philosophical approach characterised the minority decision in Prince v
President of the Law Society?
A. Strict legal positivism
B. Natural law or substantive reasoning
C. Postmodern legal theory
D. Critical legal studies
Answer: B
The minority judgment in Prince adopted a more substantive, natural law-oriented
approach. It considered the constitutional rights at stake and the broader societal
context, arguing that a blanket prohibition on cannabis use for religious purposes
was an unjustifiable limitation on rights. This reasoning aligns with a natural law
approach that considers moral and ethical principles beyond the formal text of the
statute.
Question 3
According to Mary Joe Frug, the law “encodes” the female body with meaning.
What does this imply about the legal system?
A. The law is neutral and objective regarding gender
B. The law reinforces patriarchal power structures
C. The law promotes gender equality
D. The law is irrelevant to gender issues
Answer: B
Frug argues that the law uses various doctrines to reinforce patriarchal power
structures by associating femininity with sexuality and vulnerability. This encoding
mandates the sexualisation of the female body, shaping legal discourses around
issues like rape, pornography, and prostitution, and often justifying state
regulation of women's bodies.
,Question 4
Which of the following best defines Natural Law according to the LJU4801
curriculum?
A. The idea that there is an immaterial, pre-political set of rules
B. The idea that there is a real, pre-political, metaphysical set of rules
C. The idea that there are political yet metaphysical rules
D. The idea that metaphysical gods made political rules
Answer: B
Natural law is defined as the idea that there is a real, pre-political, metaphysical
set of rules. This tradition posits that law is not merely a human creation but is
grounded in a universal moral order discoverable through reason. It contrasts with
legal positivism by asserting that unjust laws are not truly laws at all.
Question 5
How does legal positivism view the validity of law?
A. Law is valid only if it aligns with morality
B. Law is valid if it is created according to established social conventions and
procedures
C. Law is valid only if it promotes the public good
D. Law is valid only if it is derived from divine command
Answer: B
Legal positivism asserts that the validity of law is derived from social conventions
and formal enactments. According to this theory, the legitimacy of a law depends
on its procedural creation by authorised bodies, not its moral content. Courts and
judges must apply the law as it stands, without imposing their own moral views.
Question 6
A primary criticism of Ubuntu in the context of South African constitutionalism is
that it:
A. Is too easy to define and apply
B. Is consistent with all aspects of the Constitution
C. Entrenches patriarchy and may be inconsistent with the Constitution
D. Promotes individual rights over communal obligations
Answer: C
, One criticism of Ubuntu is that it can entrench patriarchal values and may be
inconsistent with the Constitution's commitment to gender equality. While Ubuntu
values community and reconciliation, these can sometimes reinforce traditional
hierarchies that marginalise women, conflicting with the transformative goals of
the Constitution.
Question 7
Which of the following is a characteristic of African legal philosophy (tradition)?
A. A retributive approach to dealing with disputes
B. An oral tradition, communitarianism, reconciliation, and a lack of separation
between law, religion, and morality
C. A total disregard of the rights of disputants
D. A system of legal rules in conflict with transformative constitutionalism
Answer: B
African legal philosophy is characterised by its oral tradition, communitarianism,
reconciliation, and the absence of a strict separation between law, religion, and
morality. This holistic approach emphasises the collective well-being of the
community and restorative justice over punitive measures.
Question 8
According to the tutorial letter, which philosopher proposed a system of
mathematics that would enable people to know the natural law?
A. Plato
B. Aristotle
C. Aquinas
D. Grotius
Answer: A
Plato proposed a system of mathematics that would enable people to know the
natural law. This reflects the Platonic idea that knowledge of the eternal Forms,
including the Form of the Good, could be attained through intellectual discipline,
including mathematics.
Question 9
What does Critical Legal Studies (CLS) argue is the origin of the indeterminacy of
