LJU4801 Assignment 2 Semester 2 2026 ||(ANSWERS AND GUIDELINES)|Due Date : 7 September 2026

, LJU4801 ASSIGNMENT 2 SEMESTER 2 2026


DUE DATE: 7 SEPTEMBER 2026




American Legal Realism


American Legal Realism is one of the theories that best explains the judge’s decision in

this case. The theory questions the idea that judges simply apply legal rules

mechanically to reach predetermined outcomes. Instead, legal realists recognise that

judges may be influenced by their own experiences, beliefs, values and understanding of

the facts when making judicial decisions (LJU4801 study guide, pg 75–78).1


According to the study guide, all Realists agree that decisions by courts are based on

contested policy choices, but that these choices are disguised by positivist attitudes. The

Realists claimed that their observations of the way in which judges decided cases

showed that judges frequently decided cases on the basis of their own policy

considerations and subjective value judgements. To find out what the law is, one has to

observe and describe what courts in fact do (LJU4801 study guide, pg 78).2


In this case, the written contract expressly required X, as the landlord, to maintain the

roof and other structural parts of the property. The contract further required the

property to be kept in a condition reasonably suitable for its intended use. Despite this

provision, the judge did not simply enforce the contractual obligation. Instead, the

judge questioned whether the presence of rodents actually made the apartment

unsuitable for living.



1
University of South Africa, Only study guide for LJU4801: Legal Philosophy (University of South Africa 2012) 75–78
(section 3.4.3 on the American Realists).
2
University of South Africa, Only study guide for LJU4801: Legal Philosophy (University of South Africa 2012) 78
(basic themes of the Realists).