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Lju4801 May/June Portfolio 2026

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Legal Philosophy - LJU4801 May June 2026; 100 % TRUSTED workings, Expert Solved, Explanations and Solutions. For assistance call or W.h.a.t.s.a.p.p us on ...(.+.2.5.4.7.7.9.5.4.0.1.3.2)........... May/June 2026 QUESTION 1: Carefully consider the following pronouncement made by Martin Luther King Jr. in his famous “Letter from Birmingham Jail” on 16 April 1963: One may well ask: "How can you advocate breaking some laws and obeying others?" The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws.1 Identify the legal philosophical approach that Martin Luther King Jr. advocates in his letter and explain how this approach originated and developed. QUESTION 2: [20] Carefully consider the following scenario and then answer the question below: A magistrate is presiding over a claim for breach of contract. On the evening of 18 April 2025, Y struggled to calm his racing mind and after several failed attempts at falling asleep, got out of bed on 19 April 2025 at 0

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LJU4801
MAY/JUNE PORTFOLIO 2026

UNIQUE NO.
DUE DATE: 01 JUNE 2026

,Legal Philosophy - LJU4801

MAY/JUNE 2026

QUESTION 1

The legal philosophical approach advocated by Martin Luther King Jr. in his “Letter from
Birmingham Jail” is the Natural Law Theory. According to this theory, there is a higher
moral law that stands above human-made laws. A law is only valid and deserving of
obedience if it is morally just. If a law is unjust, people not only have the right to disobey
it, but may even have a moral duty to resist it.

King’s statement that people have “a moral responsibility to disobey unjust laws” reflects
the central principle of natural law theory: law and morality are interconnected. A law
that violates moral principles, human dignity, or justice loses its legitimacy.

Origin and Development of Natural Law Theory

Ancient Greek Origins

Natural law theory originated in Ancient Greece. Philosophers such as Socrates, Plato,
and especially Aristotle believed that there is a natural order governing the universe and
human society. Aristotle argued that humans possess reason and can therefore
discover universal principles of justice and morality through rational thought.

The Stoic philosophers later developed these ideas further. They believed that all
people are governed by universal reason and that natural law applies equally to
everyone regardless of status or nationality.

Roman Contributions

The Romans incorporated natural law into legal thinking. Cicero argued that true law is
right reason in accordance with nature. According to Cicero, unjust laws are not true
laws because they conflict with universal moral principles.

, Roman jurists distinguished between:

 Jus civile – law applying to Roman citizens;
 Jus gentium – law common to many nations; and
 Jus naturale – universal natural law derived from nature and reason.

Medieval Development

Natural law theory was further developed during the Middle Ages by Christian
philosophers, especially Thomas Aquinas. Aquinas combined Christian theology with
Aristotelian philosophy.

Aquinas argued that:

 God created an eternal law governing the universe;
 Humans participate in this eternal law through reason;
 Human-made laws must conform to natural law to be valid.

According to Aquinas:

“An unjust law is no law at all.”

This idea directly influenced Martin Luther King Jr.’s argument. King even quoted
Aquinas in his letter when discussing just and unjust laws.

Modern Natural Law Theory

During the seventeenth and eighteenth centuries, natural law influenced thinkers such
as John Locke, Jean-Jacques Rousseau, and Hugo Grotius. These philosophers
emphasized natural rights such as liberty, equality, and human dignity.

Natural law became closely associated with:

 Human rights;
 Constitutionalism;

Connected book
 image
Timothy C. Shiell Legal Philosophy
Publisher: 1993 ISBN: 9780030768439 Edition: Unknown

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