LJU4801 ASSIGNMENT 1 SEMESTER 1 FOR 2022-
LEGAL PHILOSOPHY. DISTINCTION GUARANTED.
90% AND ABOVE. QUALITY WORK WITH FOOTNOTES
AND BIBLIOGRAPHY.
QUESTION 1
Give a concise summary of the author`s viewpoint. Make sure you concentrate on
legal philosophy and not so much legislation. (Max word count 200.) (5)
Tsele analyses the relationship and apparent tension between a judge`s duty to apply
the law in fair and in impartial manner and his/her personal right to freedom of religion. 1
The constitution guarantees everyone the right of the freedom of expression and
religion. He is of the view that judges`s judgements are influenced by their religion, for
instance he mentioned the criticism of the Chief Justice Mogoeng when he make public
comments about religion and shows impermissible bias towards Christians. 2 The major
question is that, Is the religious beliefs of the judge make the judge bias?. Tsele is of the
view that the only limitation to judges when expressing their religious view is when they
deal with the disputes placed before them in the context of discharging their judicial
duties.3 He further mentioned that there is nothing wrong when the judge drawing on
religion to influence his decision except when it is in direct conflict with the constitution. 4
He mentioned that the concept of ubuntu and humanity have biblical roots. The author
noticed that many judges in United States admit that their religious beliefs influence
their work.5 He argued that courts will always begin the enquiry by presuming that the
judicial officers are impartial.
1
Tsele M Journal for Juridical Science 2018:43(1).
2
Tsele Journal for Juridical Science 2.
3
Tsele Journal for Juridical Science 8.
4
Tsele Journal for Juridical Science 13.
5
Tsele Journal for Juridical Science 15.
LEGAL PHILOSOPHY. DISTINCTION GUARANTED.
90% AND ABOVE. QUALITY WORK WITH FOOTNOTES
AND BIBLIOGRAPHY.
QUESTION 1
Give a concise summary of the author`s viewpoint. Make sure you concentrate on
legal philosophy and not so much legislation. (Max word count 200.) (5)
Tsele analyses the relationship and apparent tension between a judge`s duty to apply
the law in fair and in impartial manner and his/her personal right to freedom of religion. 1
The constitution guarantees everyone the right of the freedom of expression and
religion. He is of the view that judges`s judgements are influenced by their religion, for
instance he mentioned the criticism of the Chief Justice Mogoeng when he make public
comments about religion and shows impermissible bias towards Christians. 2 The major
question is that, Is the religious beliefs of the judge make the judge bias?. Tsele is of the
view that the only limitation to judges when expressing their religious view is when they
deal with the disputes placed before them in the context of discharging their judicial
duties.3 He further mentioned that there is nothing wrong when the judge drawing on
religion to influence his decision except when it is in direct conflict with the constitution. 4
He mentioned that the concept of ubuntu and humanity have biblical roots. The author
noticed that many judges in United States admit that their religious beliefs influence
their work.5 He argued that courts will always begin the enquiry by presuming that the
judicial officers are impartial.
1
Tsele M Journal for Juridical Science 2018:43(1).
2
Tsele Journal for Juridical Science 2.
3
Tsele Journal for Juridical Science 8.
4
Tsele Journal for Juridical Science 13.
5
Tsele Journal for Juridical Science 15.
