LJU4801 January/February Supplementary Exam
Memo | Due January/February 2026 | Legal
Philosophy (UNISA)
,Question 1:
What is the primary concern of legal positivism?
A) The moral implications of law
B) The separation of law and morality
C) The existence of natural rights
D) The historical context of legal systems
Correct Option: B
Rationale: Legal positivism emphasizes the idea that laws are rules created by human
beings and that there is no inherent connection between law and morality. It focuses on
law as it is, rather than how it ought to be.
Question 2:
Which philosopher is most closely associated with the concept of the "social contract"?
A) Thomas Hobbes
B) John Locke
C) Immanuel Kant
D) Jeremy Bentham
Correct Option: A
Rationale: Thomas Hobbes is known for his social contract theory, especially as
presented in his work "Leviathan," where he discusses the necessity of a strong central
authority to prevent anarchy.
Question 3:
In which work did John Rawls introduce the idea of the "veil of ignorance"?
A) A Theory of Justice
B) The Republic
C) Groundwork for the Metaphysics of Morals
D) The Idea of Social Justice
Correct Option: A
Rationale: In "A Theory of Justice," John Rawls presents the concept of the "veil of
ignorance" to argue for principles of justice that would be chosen by individuals who are
unaware of their own social positions.
Question 4:
Which of the following best describes natural law theory?
A) Laws are solely created by human conventions
B) Law is inherently linked to morality
, C) Law reflects a moral order found in nature
D) Law is a mere instrument of power
Correct Option: C
Rationale: Natural law theory posits that law should be based on moral principles
derived from nature and universal human rights, asserting a connection between law
and morality.
Question 5:
What is the primary criticism of utilitarianism in legal philosophy?
A) It is too rigid
B) It disregards individual rights
C) It is unscientific
D) It leads to unjust outcomes for minorities
Correct Option: D
Rationale: Critics argue that utilitarianism, which seeks the greatest good for the
greatest number, can justify actions that are unjust or harmful to minorities, ignoring
their rights.
Question 6:
Which concept is central to H.L.A. Hart's legal philosophy?
A) Legal realism
B) The rule of recognition
C) The moral content of law
D) The existence of natural law
Correct Option: B
Rationale: H.L.A. Hart introduced the rule of recognition as a fundamental principle
that serves as a criterion for legal validity within a legal system.
Question 7:
What does Ronald Dworkin argue against in his critique of legal positivism?
A) The role of judges
B) The existence of law as a social fact
C) The importance of historical context
D) The influence of public opinion
Correct Option: B
Rationale: Dworkin argues that legal positivism fails to account for the interpretative
nature of law, particularly the role of principles in legal decision-making, which he
believes transcends mere social facts.
Memo | Due January/February 2026 | Legal
Philosophy (UNISA)
,Question 1:
What is the primary concern of legal positivism?
A) The moral implications of law
B) The separation of law and morality
C) The existence of natural rights
D) The historical context of legal systems
Correct Option: B
Rationale: Legal positivism emphasizes the idea that laws are rules created by human
beings and that there is no inherent connection between law and morality. It focuses on
law as it is, rather than how it ought to be.
Question 2:
Which philosopher is most closely associated with the concept of the "social contract"?
A) Thomas Hobbes
B) John Locke
C) Immanuel Kant
D) Jeremy Bentham
Correct Option: A
Rationale: Thomas Hobbes is known for his social contract theory, especially as
presented in his work "Leviathan," where he discusses the necessity of a strong central
authority to prevent anarchy.
Question 3:
In which work did John Rawls introduce the idea of the "veil of ignorance"?
A) A Theory of Justice
B) The Republic
C) Groundwork for the Metaphysics of Morals
D) The Idea of Social Justice
Correct Option: A
Rationale: In "A Theory of Justice," John Rawls presents the concept of the "veil of
ignorance" to argue for principles of justice that would be chosen by individuals who are
unaware of their own social positions.
Question 4:
Which of the following best describes natural law theory?
A) Laws are solely created by human conventions
B) Law is inherently linked to morality
, C) Law reflects a moral order found in nature
D) Law is a mere instrument of power
Correct Option: C
Rationale: Natural law theory posits that law should be based on moral principles
derived from nature and universal human rights, asserting a connection between law
and morality.
Question 5:
What is the primary criticism of utilitarianism in legal philosophy?
A) It is too rigid
B) It disregards individual rights
C) It is unscientific
D) It leads to unjust outcomes for minorities
Correct Option: D
Rationale: Critics argue that utilitarianism, which seeks the greatest good for the
greatest number, can justify actions that are unjust or harmful to minorities, ignoring
their rights.
Question 6:
Which concept is central to H.L.A. Hart's legal philosophy?
A) Legal realism
B) The rule of recognition
C) The moral content of law
D) The existence of natural law
Correct Option: B
Rationale: H.L.A. Hart introduced the rule of recognition as a fundamental principle
that serves as a criterion for legal validity within a legal system.
Question 7:
What does Ronald Dworkin argue against in his critique of legal positivism?
A) The role of judges
B) The existence of law as a social fact
C) The importance of historical context
D) The influence of public opinion
Correct Option: B
Rationale: Dworkin argues that legal positivism fails to account for the interpretative
nature of law, particularly the role of principles in legal decision-making, which he
believes transcends mere social facts.
