Tutors you can trust. Voted “BEST
A
SELLING” memos for the year 2024.
+
LJU4801
Legal philosophy
PORTFOLIO
The
MEMO - MAY/JUNE 2025
SEMESTER 1 – 2025 - UNISA
UNIQUE NUMBER: -
DUE DATE: - 23 - 28 MAY 2025
Footnotes/Bibliography included
PORTFOLIO PREVIEW
Question 1
Read the following scenario and then answer the question below: In South Africa, prostitution constitutes a crime
in terms of the Sexual Offences Act 23 of 1957. There are divergent views on the rationale behind the criminalisation
of prostitution. Some attribute the non-recognition of prostitution to the immorality of the conduct, while others
are of the opinion that the law has nothing to do with the morality or immorality of the prohibited conduct.
1.1 Identify and discuss the two philosophical approaches being used here. Your answer should not exceed 750
words. (15)
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any representations
warranties, express or implied. This document is to be used for comparison, research and reference purposes ONLY. No part of this docume
may be reproduced, resold or transmitted in any form or by any means without prior written permission from the Author. – LLB EXAMPAC
& TUTORIALS.
PAST PAPERS & MEMOS, ASSIGNMENT MEMOS, NOTES, SUMMARIES & TUITON
Cell: 062 810 8624 Email:
Fax: 086 096 5452 www.llbexampacksandtutorials.co
,Question 1
Read the following scenario and then answer the question below: In South Africa,
prostitution constitutes a crime in terms of the Sexual Offences Act 23 of 1957.
There are divergent views on the rationale behind the criminalisation of
prostitution. Some attribute the non-recognition of prostitution to the immorality of
the conduct, while others are of the opinion that the law has nothing to do with the
morality or immorality of the prohibited conduct.
1.1 Identify and discuss the two philosophical approaches being used here. Your
answer should not exceed 750 words. (15)
1.2 According to the positivist theory of adjudication, is the South African position
on prostitution based on law or immorality? Discuss. Your answer should not
exceed 750 words. (15) [30]
Question 2
Read the following scenario and then answer the questions below: In 1931, the then
Appellate Division heard the case of Collett v Priest 1931 AD 290. Mr Collett lodged
an appeal against the judgment which placed his estate under sequestration. In the
course of its judgment, the court remarked as follows: [301] “…great as is the
respect which this Court entertains for the opinion of so eminent a judge, we
cannot allow reasons of that kind to override an unbroken series of decisions in
this Court, unless clearly shown to be wrong. Stare decisis is a sound principle
and one which has been adopted in South African practice. No reason has been
adduced either by the learned JUDGE PRESIDENT or by Counsel for appellant, for
reversing the decisions of this Court on the matter before us.”
, 2.1 From the objectivist theories’ perspective, judges are part of a community of
interpreters and this community determines how judges must decide cases.
Discuss what this perspective entails. In your discussion, refer to Dworkin’s
communalist theory. Your answer should not exceed 500 words. (10)
2.2 Based on your answer to question 2.1 above, discuss how the doctrine of
judicial precedent (stare decisis) resonates with the notion that judges are
constrained in their decision-making by the community of interpreters. Your
answer should not exceed 500 words. (10) [20]
Question 3
Read the following scenario and then answer the question below: In the case of S
v Maluleke 2008 (1) SACR 49 (T) the court said the following: [24] “…a suitable
sentence could be imposed that also created an opportunity to begin to heal the
wounds that the commission of the crime caused to the family of the deceased and
to the community at large. ” AND [25] “The particular circumstances of this case
created the opportunity to introduce the principles of restorative justice into the
sentencing process.” FURTHERMORE [26] “Restorative justice… emphasises the
need for reparation, healing and rehabilitation rather than harsher sentences….”
3.1 Discuss how the court’s remarks resonate with notion of communitarianism
and reconciliation, which are central to African legal philosophy. Your answer
should not exceed 1250 words. (25)
A
SELLING” memos for the year 2024.
+
LJU4801
Legal philosophy
PORTFOLIO
The
MEMO - MAY/JUNE 2025
SEMESTER 1 – 2025 - UNISA
UNIQUE NUMBER: -
DUE DATE: - 23 - 28 MAY 2025
Footnotes/Bibliography included
PORTFOLIO PREVIEW
Question 1
Read the following scenario and then answer the question below: In South Africa, prostitution constitutes a crime
in terms of the Sexual Offences Act 23 of 1957. There are divergent views on the rationale behind the criminalisation
of prostitution. Some attribute the non-recognition of prostitution to the immorality of the conduct, while others
are of the opinion that the law has nothing to do with the morality or immorality of the prohibited conduct.
1.1 Identify and discuss the two philosophical approaches being used here. Your answer should not exceed 750
words. (15)
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any representations
warranties, express or implied. This document is to be used for comparison, research and reference purposes ONLY. No part of this docume
may be reproduced, resold or transmitted in any form or by any means without prior written permission from the Author. – LLB EXAMPAC
& TUTORIALS.
PAST PAPERS & MEMOS, ASSIGNMENT MEMOS, NOTES, SUMMARIES & TUITON
Cell: 062 810 8624 Email:
Fax: 086 096 5452 www.llbexampacksandtutorials.co
,Question 1
Read the following scenario and then answer the question below: In South Africa,
prostitution constitutes a crime in terms of the Sexual Offences Act 23 of 1957.
There are divergent views on the rationale behind the criminalisation of
prostitution. Some attribute the non-recognition of prostitution to the immorality of
the conduct, while others are of the opinion that the law has nothing to do with the
morality or immorality of the prohibited conduct.
1.1 Identify and discuss the two philosophical approaches being used here. Your
answer should not exceed 750 words. (15)
1.2 According to the positivist theory of adjudication, is the South African position
on prostitution based on law or immorality? Discuss. Your answer should not
exceed 750 words. (15) [30]
Question 2
Read the following scenario and then answer the questions below: In 1931, the then
Appellate Division heard the case of Collett v Priest 1931 AD 290. Mr Collett lodged
an appeal against the judgment which placed his estate under sequestration. In the
course of its judgment, the court remarked as follows: [301] “…great as is the
respect which this Court entertains for the opinion of so eminent a judge, we
cannot allow reasons of that kind to override an unbroken series of decisions in
this Court, unless clearly shown to be wrong. Stare decisis is a sound principle
and one which has been adopted in South African practice. No reason has been
adduced either by the learned JUDGE PRESIDENT or by Counsel for appellant, for
reversing the decisions of this Court on the matter before us.”
, 2.1 From the objectivist theories’ perspective, judges are part of a community of
interpreters and this community determines how judges must decide cases.
Discuss what this perspective entails. In your discussion, refer to Dworkin’s
communalist theory. Your answer should not exceed 500 words. (10)
2.2 Based on your answer to question 2.1 above, discuss how the doctrine of
judicial precedent (stare decisis) resonates with the notion that judges are
constrained in their decision-making by the community of interpreters. Your
answer should not exceed 500 words. (10) [20]
Question 3
Read the following scenario and then answer the question below: In the case of S
v Maluleke 2008 (1) SACR 49 (T) the court said the following: [24] “…a suitable
sentence could be imposed that also created an opportunity to begin to heal the
wounds that the commission of the crime caused to the family of the deceased and
to the community at large. ” AND [25] “The particular circumstances of this case
created the opportunity to introduce the principles of restorative justice into the
sentencing process.” FURTHERMORE [26] “Restorative justice… emphasises the
need for reparation, healing and rehabilitation rather than harsher sentences….”
3.1 Discuss how the court’s remarks resonate with notion of communitarianism
and reconciliation, which are central to African legal philosophy. Your answer
should not exceed 1250 words. (25)
