PREVIEW
Questions
1. There are divergent views on how judges decide cases. From the objectivist theories’ perspective
judges are part of a community of interpreters and this community determines how judges must decide
cases. Briefly explain this perspective using Dworkin’s communalist theory. Your answer should not
exceed 300 words. (5)
2. Based on your answer to question 1 above, is there a difference between the communalist theory
and African theories of adjudication? Briefly explain. Your answer should not exceed 300 words. (5)
DISTINCTION Footnotes and/or Bibliography
GUARANTEED!!! included. *
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, Assessment 2 LJU4801
Instructions
1. Proper footnote referencing must be used. This entails that every argument or idea
taken from another source, or any piece of information utilised from another source,
needs to be provided with a separate footnote reference.
2. Long quotes from sources are not allowed. Students must summarise arguments
and ideas from sources in their own words. Short quotes must be provided with
quotation marks and with a corresponding footnote.
3. When answering questions, students are expected to make use of the study guide
as well as any other relevant source to the question. The study guide must be
referenced like any other source.
4. Use proper language and grammar and make use of full sentences. You must not
write using bullets and numbering. Rather you need to provide a narrative consisting
of a coherent, logical, and consistent argument.
NB!!!!!!!! No marks will be awarded for plagiarised work. You should only include in
your bibliography sources that were actually consulted. There is a tendency among
students to cite sources that have been referred to in the prescribed study material
(e.g., the Study Guide) even though they did not consult them. If you are unable to
access a primary source; you must make it clear in footnotes that the information has
been obtained from a secondary source (e.g., Dworkin as cited/discussed (choose
whichever is applicable) in Irma J Kroeze, Legal Philosophy Study Guide (University
of South Africa 2017) 135.
Questions
1. There are divergent views on how judges decide cases. From the objectivist
theories’ perspective judges are part of a community of interpreters and this
community determines how judges must decide cases. Briefly explain this perspective
using Dworkin’s communalist theory. Your answer should not exceed 300 words. (5)
2. Based on your answer to question 1 above, is there a difference between the
communalist theory and African theories of adjudication? Briefly explain. Your answer
should not exceed 300 words. (5)
Total [10]