LJU4801 Assignment 3 Exam Portfolio 2026 - Due 20 October 2026
LJU4801 Exam Portfolio 2026 - Due 20 October 2026 Oct / Nov 2026 LJU4801 QUESTION 1: 1.1 Philosophy can fundamentally be seen as a rational enquiry into fundamental questions. Identify the two basic questions that have historically been at the centre of enquiry and indicate how these questions must be answered. (5) 1.2 Identify the basic questions of legal philosophy and indicate whether the set of sub-questions that arise from the basic questions have one correct answer. (5) [10] QUESTION 2: Carefully consider the following scenario and then answer the question below: An activist group calling themselves “Free the Planet” is concerned about the ongoing destruction of the ecosystem. Because burning oil is a major source of greenhouse-gas emissions, the activist group strategically vandalizes oil pipelines to render them inoperable. After being identified on CCTV footage from cameras that the oil company installed along their pipeline, three activists are charged with malicious damage to property and trespassing. The legal representatives of the oil company argue that the activists violated the statutes that protect private property and infrastructure and that they should consequently be held liable for the damage that they caused. In their defense, Free the Planet makes the following plea to the court: My Lord, our generation is witnessing the destruction of mother earth at an unparalleled pace. Driven by corporate greed, this oil company is actively wreaking havoc by causing global warming and destroying the home of future generations of human and animal life. Intergenerational justice and the protection of the inherent value of nature demands that we oppose destructive forces acting in self-interest. Consider Free the Planet’s pronouncement in light of the persistent debate in legal philosophy that pertains to the relationship between law and morality. Extensively discuss the debate and expressly situate Free the Planet’s statement in relation to the debate. [30] Page 8 of 9 Oct / Nov 2026 LJU4801 QUESTION 3: Compare ethnophilosophy and sage philosophy as two types of African legal philosophy. [10] QUESTION 4: Carefully consider the following scenario and then answer the question below: Two women living in a traditional African community start a same-sex relationship. After making their relationship public, they start facing ostracisation by the community, with the elders arguing that these women have no uBuntu because their community will not be able to survive and grow if they don’t have children. The elders argue that having children should be seen as an important duty to the collective family and ancestors. Despite its centrality in the African context, the concept of uBuntu has not escaped criticisms. Discuss the criticisms that have been levelled against uBuntu as they relate to the scenario above and indicate whether you agree or disagree with the criticisms. You must substantiate your position. [10] QUESTION 5: Explain why Critical Legal Studies can be characterised as a sceptical approach. [20] TOTAL: 80 MARKS © UNISA 2026 Page 9 of 9
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