LJU4801
LEGAL PHILOSOPHY PORTFOLIO EXAM Oct.2023 Semester
2 2023
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning,
comparison and reference purpose,
Not to duplicate, reproduce and/or misrepresent the
contents of this document as your own work,
Fully accept the consequences should you plagiarise
or misuse this document.
Disclaimer
Extreme care has been used to create this document, however the contents are provided as is
without any representations or warranties, express or implied. The author assumes no liability as a
result of reliance and use of the contents of this document. This document is to be used for
comparison, research and reference purposes ONLY. No part of this document may be reproduced,
resold or transmitted in any form or by any means.
PASS EASY !!!
, LJU4801 Examination Portfolio:
Semester 2 November 2023.
Due Date: 25 October 2023
er.
Contents
Question 1.1 ....................................................................................................... 2
In the first paragraph ubuntu is characterised as typically African. Write a brief
essay in which you explain what ubuntu means and indicate whether you think
the judge is right in his characterisation of ubuntu. ............................................. 2
Question 1.2 ....................................................................................................... 2
In the second paragraph the Judge links ubuntu to human rights. Human rights
can be regarded as something uniquely associated with modern legal philosophy.
This is because of the individualistic nature of human rights. Given that ubuntu is
a pre- modern idea, in your discussion indicate whether you think the judge is
correct in linking ubuntu to human rights. Your answer should not exceed 750
words. (15) ......................................................................................................... 6
Question 22.1 African legal philosophy is based on the premise that there is a
uniquely ........................................................................................................... 10
African approach to law and legal conflicts. Discuss two characteristics of this
approach to illustrate how it is different from Western ideas. Your answer should
not exceed 750 words. (15) .............................................................................. 10
should not exceed 750 words. (15)................................................................... 11
QUESTION 3 ....................................................................................................... 12
3.1 Indicate which philosophical approach the judgment followed and discuss
what it entails. Your answer should not exceed 750 words .............................. 13
Question 4............................................................................................................ 16
4.1 Discuss how cultural and societal factors influence gender roles in the context
of Neculaesei’s argument that the roles are the product of communication. To
answer this question, refer to document “LJU4801 article 1”. Your answer should
not exceed 750 words. (15) .............................................................................. 17
Question 5............................................................................................................ 21
, 5.1 There are divergent views on how judges decide cases. From the objectivist
theories’ perspective judges are part of a community of interpreters and this
community determines how judges must decide cases. Briefly explain this
perspective using Dworkin’s communalist theory. Your answer should not exceed
250 words. (5) .................................................................................................. 21
2.2 In South Africa the law allows men to enter into polygamous customary
marriages. Women on the other hand are not permitted to have more than one
husband. Based on the feminist legal philosophy (critical gender theory), does the
fact that polygamy is legally recognised, and polyandry not explicitly legally
recognised constitute unfair discrimination against women? In your ................ 10
discussion, refer to Mackinnon’s theory of dominance feminism. Your answer
5.2 Based on your answer to question 5.1 above, is there a difference between the
communalist theory and African theories of adjudication? Briefly explain.
Your answer should not exceed 250 words ...................................................... 20
Bibliography .......................................................................................................... 21
In 2011 the Constitutional Court heard the case of The citizen 1978 (Pty) Ltd and
Others v McBride (CCT 23/10) 2011 (4) SA 191 (CC). This was a defamation case
brought by Robert McBride against the Citizen newspaper. He alleged that they had
defamed him. The newspaper believed that the comments were covered by freedom
of expression. In the course of his minority Judgment, Mogoeng J made the following
remarks:
Botho or ubuntu is the embodiment of a set of values and moral principles which
informed the peaceful co-existence of the African people in this country who
espoused ubuntu based on, among other things, mutual respect. “[243] Indeed,
human dignity must colour the spectacles through which we view defamatory
publications, particularly those which are inextricably linked to our painful past. And
so should our rich values, like ubuntu, which are consistent with the Constitution, our
shameful history of institutionalised human rights violations, our commitment to make
a decisive break with this past as well as our pursuit of the noble objectives of
national unity and reconciliation also inform the interpretation and exercise of the
rights to dignity, freedom of expression, privacy and property in this country.”
LEGAL PHILOSOPHY PORTFOLIO EXAM Oct.2023 Semester
2 2023
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning,
comparison and reference purpose,
Not to duplicate, reproduce and/or misrepresent the
contents of this document as your own work,
Fully accept the consequences should you plagiarise
or misuse this document.
Disclaimer
Extreme care has been used to create this document, however the contents are provided as is
without any representations or warranties, express or implied. The author assumes no liability as a
result of reliance and use of the contents of this document. This document is to be used for
comparison, research and reference purposes ONLY. No part of this document may be reproduced,
resold or transmitted in any form or by any means.
PASS EASY !!!
, LJU4801 Examination Portfolio:
Semester 2 November 2023.
Due Date: 25 October 2023
er.
Contents
Question 1.1 ....................................................................................................... 2
In the first paragraph ubuntu is characterised as typically African. Write a brief
essay in which you explain what ubuntu means and indicate whether you think
the judge is right in his characterisation of ubuntu. ............................................. 2
Question 1.2 ....................................................................................................... 2
In the second paragraph the Judge links ubuntu to human rights. Human rights
can be regarded as something uniquely associated with modern legal philosophy.
This is because of the individualistic nature of human rights. Given that ubuntu is
a pre- modern idea, in your discussion indicate whether you think the judge is
correct in linking ubuntu to human rights. Your answer should not exceed 750
words. (15) ......................................................................................................... 6
Question 22.1 African legal philosophy is based on the premise that there is a
uniquely ........................................................................................................... 10
African approach to law and legal conflicts. Discuss two characteristics of this
approach to illustrate how it is different from Western ideas. Your answer should
not exceed 750 words. (15) .............................................................................. 10
should not exceed 750 words. (15)................................................................... 11
QUESTION 3 ....................................................................................................... 12
3.1 Indicate which philosophical approach the judgment followed and discuss
what it entails. Your answer should not exceed 750 words .............................. 13
Question 4............................................................................................................ 16
4.1 Discuss how cultural and societal factors influence gender roles in the context
of Neculaesei’s argument that the roles are the product of communication. To
answer this question, refer to document “LJU4801 article 1”. Your answer should
not exceed 750 words. (15) .............................................................................. 17
Question 5............................................................................................................ 21
, 5.1 There are divergent views on how judges decide cases. From the objectivist
theories’ perspective judges are part of a community of interpreters and this
community determines how judges must decide cases. Briefly explain this
perspective using Dworkin’s communalist theory. Your answer should not exceed
250 words. (5) .................................................................................................. 21
2.2 In South Africa the law allows men to enter into polygamous customary
marriages. Women on the other hand are not permitted to have more than one
husband. Based on the feminist legal philosophy (critical gender theory), does the
fact that polygamy is legally recognised, and polyandry not explicitly legally
recognised constitute unfair discrimination against women? In your ................ 10
discussion, refer to Mackinnon’s theory of dominance feminism. Your answer
5.2 Based on your answer to question 5.1 above, is there a difference between the
communalist theory and African theories of adjudication? Briefly explain.
Your answer should not exceed 250 words ...................................................... 20
Bibliography .......................................................................................................... 21
In 2011 the Constitutional Court heard the case of The citizen 1978 (Pty) Ltd and
Others v McBride (CCT 23/10) 2011 (4) SA 191 (CC). This was a defamation case
brought by Robert McBride against the Citizen newspaper. He alleged that they had
defamed him. The newspaper believed that the comments were covered by freedom
of expression. In the course of his minority Judgment, Mogoeng J made the following
remarks:
Botho or ubuntu is the embodiment of a set of values and moral principles which
informed the peaceful co-existence of the African people in this country who
espoused ubuntu based on, among other things, mutual respect. “[243] Indeed,
human dignity must colour the spectacles through which we view defamatory
publications, particularly those which are inextricably linked to our painful past. And
so should our rich values, like ubuntu, which are consistent with the Constitution, our
shameful history of institutionalised human rights violations, our commitment to make
a decisive break with this past as well as our pursuit of the noble objectives of
national unity and reconciliation also inform the interpretation and exercise of the
rights to dignity, freedom of expression, privacy and property in this country.”
