Fall SemeSter 2025 – lJU4801 legal PhiloSoPhy
| November/December PortFolio comPlete
aNSWerS | UPDateD 2025/2026 eDitioN | veriFieD
UNiSa llb StUDy gUiDe | DUe 12 December 2025 |
100% exam-reaDy reSoUrce For UNiverSity oF
SoUth aFrica StUDeNtS
Question 1:
What is the primary focus of natural law theory?
A) The social contract
B) The inherent rights of individuals
C) The laws enacted by governments
D) The moral basis of law
Correct Option: D) The moral basis of law
Rationale: Natural law theory posits that there are inherent moral principles that
underlie the law. It argues that laws should reflect moral reasoning and that unjust laws
are not true laws at all. This contrasts with legal positivism, which focuses on the
validity of laws based solely on their enactment by legitimate authorities, regardless of
their moral content.
Question 2:
Which philosopher is most closely associated with the concept of the social contract?
A) John Stuart Mill
B) Thomas Hobbes
C) Jean-Jacques Rousseau
D) Jeremy Bentham
Correct Option: C) Jean-Jacques Rousseau
Rationale: Jean-Jacques Rousseau is renowned for his work on the social contract,
particularly in "The Social Contract" (1762). He argues that legitimate political authority
relies on a social contract agreed upon by the governed, emphasizing the general will
and collective sovereignty. While Hobbes and others discussed social contracts,
Rousseau's interpretation is particularly influential in democratic theory.
Question 3:
In legal positivism, the validity of law is determined by:
,A) Its moral implications
B) Its alignment with natural rights
C) Its source and enactment
D) Its consequences for society
Correct Option: C) Its source and enactment
Rationale: Legal positivism asserts that law is valid if it is created by a recognized
authority through established procedures, regardless of its moral content. This theory
emphasizes the separation of law and morality, focusing on the processes and sources
that give laws their legitimacy.
Question 4:
What is the main argument of critical legal studies?
A) Law is a reflection of moral principles.
B) Law is inherently indeterminate and serves power structures.
C) Law is a set of logical rules.
D) Law should evolve through democratic processes.
Correct Option: B) Law is inherently indeterminate and serves power structures.
Rationale: Critical legal studies (CLS) challenges the notion that law is a neutral and
objective system. It argues that law is often vague and indeterminate, which allows for
manipulation by those in power. CLS seeks to reveal how legal structures perpetuate
social inequalities and serve the interests of dominant groups.
Question 5:
The principle of legality in legal philosophy asserts that:
A) Laws must be just and fair.
B) Law should evolve with societal changes.
C) Individuals cannot be punished under laws that are not publicly known.
D) Laws must be clear, public, and stable.
Correct Option: D) Laws must be clear, public, and stable.
Rationale: The principle of legality emphasizes that laws should be clear and
accessible to ensure that individuals can understand what is required of them. This
principle is foundational to the rule of law, as it protects individuals from arbitrary
governance and ensures that laws are applied consistently.
Question 6:
Which theory posits that law is a social construct?
,A) Natural Law Theory
B) Legal Positivism
C) Realism
D) Social Constructivism
Correct Option: D) Social Constructivism
Rationale: Social Constructivism argues that law is created through social processes
and interactions, emphasizing the role of societal norms and values in shaping legal
systems. This view contrasts with theories that regard law as a fixed entity derived from
moral or natural principles.
Question 7:
According to H.L.A. Hart, what is the "rule of recognition"?
A) A moral guideline for judges
B) A criterion for identifying valid laws
C) A rule that governs legal interpretation
D) A law that is universally accepted
Correct Option: B) A criterion for identifying valid laws
Rationale: Hart's "rule of recognition" is a foundational concept in his legal positivism,
serving as a social rule that provides criteria for identifying what constitutes valid law
within a legal system. It distinguishes between valid legal norms and other norms.
Question 8:
Which philosopher is known for the "categorical imperative"?
A) Immanuel Kant
B) John Stuart Mill
C) Friedrich Nietzsche
D) Thomas Aquinas
Correct Option: A) Immanuel Kant
Rationale: Immanuel Kant introduced the categorical imperative as a central concept
in his moral philosophy, which asserts that one should act only according to maxims
that can be universally applied. This principle emphasizes duty and moral law.
Question 9:
What does legal realism emphasize?
, A) The moral basis of laws
B) The social contract
C) The application of law in real-world situations
D) The abstract principles of justice
Correct Option: C) The application of law in real-world situations
Rationale: Legal realism focuses on how laws are applied in practice and the real-world
effects of legal decisions. It critiques formalistic approaches that ignore the social and
contextual factors influencing judicial outcomes.
Question 10:
Which of the following is a characteristic of utilitarianism?
A) Emphasis on absolute moral rules
B) Focus on maximizing overall happiness
C) Belief in inherent rights
D) Advocacy for social contracts
Correct Option: B) Focus on maximizing overall happiness
Rationale: Utilitarianism, primarily associated with philosophers like Jeremy Bentham
and John Stuart Mill, holds that the best action is the one that maximizes overall
happiness or utility. It evaluates the moral worth of actions based on their
consequences.
Question 11:
John Stuart Mill is best known for his contributions to:
A) Deontological ethics
B) Social contract theory
C) Critical legal studies
D) Utilitarian ethics
Correct Option: D) Utilitarian ethics
Rationale: John Stuart Mill is a key figure in utilitarian ethics, refining and advocating for
the idea that actions are justified if they promote the greatest happiness for the greatest
number, emphasizing both quality and quantity of pleasure.
Question 12:
What is the main criticism of legal positivism?
| November/December PortFolio comPlete
aNSWerS | UPDateD 2025/2026 eDitioN | veriFieD
UNiSa llb StUDy gUiDe | DUe 12 December 2025 |
100% exam-reaDy reSoUrce For UNiverSity oF
SoUth aFrica StUDeNtS
Question 1:
What is the primary focus of natural law theory?
A) The social contract
B) The inherent rights of individuals
C) The laws enacted by governments
D) The moral basis of law
Correct Option: D) The moral basis of law
Rationale: Natural law theory posits that there are inherent moral principles that
underlie the law. It argues that laws should reflect moral reasoning and that unjust laws
are not true laws at all. This contrasts with legal positivism, which focuses on the
validity of laws based solely on their enactment by legitimate authorities, regardless of
their moral content.
Question 2:
Which philosopher is most closely associated with the concept of the social contract?
A) John Stuart Mill
B) Thomas Hobbes
C) Jean-Jacques Rousseau
D) Jeremy Bentham
Correct Option: C) Jean-Jacques Rousseau
Rationale: Jean-Jacques Rousseau is renowned for his work on the social contract,
particularly in "The Social Contract" (1762). He argues that legitimate political authority
relies on a social contract agreed upon by the governed, emphasizing the general will
and collective sovereignty. While Hobbes and others discussed social contracts,
Rousseau's interpretation is particularly influential in democratic theory.
Question 3:
In legal positivism, the validity of law is determined by:
,A) Its moral implications
B) Its alignment with natural rights
C) Its source and enactment
D) Its consequences for society
Correct Option: C) Its source and enactment
Rationale: Legal positivism asserts that law is valid if it is created by a recognized
authority through established procedures, regardless of its moral content. This theory
emphasizes the separation of law and morality, focusing on the processes and sources
that give laws their legitimacy.
Question 4:
What is the main argument of critical legal studies?
A) Law is a reflection of moral principles.
B) Law is inherently indeterminate and serves power structures.
C) Law is a set of logical rules.
D) Law should evolve through democratic processes.
Correct Option: B) Law is inherently indeterminate and serves power structures.
Rationale: Critical legal studies (CLS) challenges the notion that law is a neutral and
objective system. It argues that law is often vague and indeterminate, which allows for
manipulation by those in power. CLS seeks to reveal how legal structures perpetuate
social inequalities and serve the interests of dominant groups.
Question 5:
The principle of legality in legal philosophy asserts that:
A) Laws must be just and fair.
B) Law should evolve with societal changes.
C) Individuals cannot be punished under laws that are not publicly known.
D) Laws must be clear, public, and stable.
Correct Option: D) Laws must be clear, public, and stable.
Rationale: The principle of legality emphasizes that laws should be clear and
accessible to ensure that individuals can understand what is required of them. This
principle is foundational to the rule of law, as it protects individuals from arbitrary
governance and ensures that laws are applied consistently.
Question 6:
Which theory posits that law is a social construct?
,A) Natural Law Theory
B) Legal Positivism
C) Realism
D) Social Constructivism
Correct Option: D) Social Constructivism
Rationale: Social Constructivism argues that law is created through social processes
and interactions, emphasizing the role of societal norms and values in shaping legal
systems. This view contrasts with theories that regard law as a fixed entity derived from
moral or natural principles.
Question 7:
According to H.L.A. Hart, what is the "rule of recognition"?
A) A moral guideline for judges
B) A criterion for identifying valid laws
C) A rule that governs legal interpretation
D) A law that is universally accepted
Correct Option: B) A criterion for identifying valid laws
Rationale: Hart's "rule of recognition" is a foundational concept in his legal positivism,
serving as a social rule that provides criteria for identifying what constitutes valid law
within a legal system. It distinguishes between valid legal norms and other norms.
Question 8:
Which philosopher is known for the "categorical imperative"?
A) Immanuel Kant
B) John Stuart Mill
C) Friedrich Nietzsche
D) Thomas Aquinas
Correct Option: A) Immanuel Kant
Rationale: Immanuel Kant introduced the categorical imperative as a central concept
in his moral philosophy, which asserts that one should act only according to maxims
that can be universally applied. This principle emphasizes duty and moral law.
Question 9:
What does legal realism emphasize?
, A) The moral basis of laws
B) The social contract
C) The application of law in real-world situations
D) The abstract principles of justice
Correct Option: C) The application of law in real-world situations
Rationale: Legal realism focuses on how laws are applied in practice and the real-world
effects of legal decisions. It critiques formalistic approaches that ignore the social and
contextual factors influencing judicial outcomes.
Question 10:
Which of the following is a characteristic of utilitarianism?
A) Emphasis on absolute moral rules
B) Focus on maximizing overall happiness
C) Belief in inherent rights
D) Advocacy for social contracts
Correct Option: B) Focus on maximizing overall happiness
Rationale: Utilitarianism, primarily associated with philosophers like Jeremy Bentham
and John Stuart Mill, holds that the best action is the one that maximizes overall
happiness or utility. It evaluates the moral worth of actions based on their
consequences.
Question 11:
John Stuart Mill is best known for his contributions to:
A) Deontological ethics
B) Social contract theory
C) Critical legal studies
D) Utilitarian ethics
Correct Option: D) Utilitarian ethics
Rationale: John Stuart Mill is a key figure in utilitarian ethics, refining and advocating for
the idea that actions are justified if they promote the greatest happiness for the greatest
number, emphasizing both quality and quantity of pleasure.
Question 12:
What is the main criticism of legal positivism?
