LJU4801 Assignment 1 (DETAILED ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references .. Question 1 Not yet answered Marked out of 1.00 QUIZ One of the main ideas in legal positivism is that……. 1. law is derived from some eternal set of rules. 2. the idea of law as a social construct makes it impossible to criticise the law. 3. law is based on social agreement. 4. law and morality cannot be separated. Clear my choice Time left 3:27:17 Question 2 Not yet answered Marked out of 1.00 Question 3 Not yet answered Marked out of 1.00 There are various defi nitions of legal philosophy. Which one of the following statements can be described as the basiccharacteristic of legal philosophy: 1. Legal philosophy is primarily a theoretical fi eld of study. Although practical aspects like the functioning of law andthe consequences of legal judgements are important, the emphasis is on theoretical and critical analysis of the law. 2. Legal philosophy is not concerned with the totality of legal science. It does study only a part of law. 3. Legal philosophy tries to study law using its historical nature as point of departure. This means that law must beseen as part of a greater historical system and of legal science in general. 4. Legal philosophy is also an isolated fi eld of study. This means that legal philosophy studies only the law and itsconcepts. Clear my choice Sameness Feminism proceeds on the premise that… 1. Women should be the standard against which everything is measured. 2. Women deserve more rights and privileges than men. 3. Men are the dominators and women are the dominated. 4. Men and women are essentially the same. Clear my choice Question 4 Not yet answered Marked out of 1.00 Question 5 Not yet answered Marked out of 1.00 One of the consistent debates in legal philosophy is the relationship between law and morality. At its most basic, the questionreally is: can and should the law enforce moral convictions? The answer to this question has, in the history of legalphilosophy been answered by 1. differentiating between moral law and moral convictions. 2. looking at the two approaches to the debate, namely natural law, and legal positivism theories. 3. differentiating between the concept of justice and unjust laws. 4. following what the law of the land dictates. Clear my choice Choose the correct answer: In S v Makwanyane and another 1995 3 SA 391 (CC), Ubuntu was found …. 1. to promote confrontation instead of conciliation. 2. to be part of the rainbow heritage. 3. to be the opposite of humanity. 4. to be synonymous with the African renaissance. Clear my choice Question 6 Not yet answered Marked out of 1.00 Question 7 Not yet answered Marked out of 1.00 Although a number of debates took place between legal positivists and natural law thinkers regarding the relationshipbetween law and morality, legal positivists ……. 1. argue that laws that are correctly made cannot be morally evil laws. 2. argue that the law must conform to an ideal of what the law should be. 3. accept that sometimes laws can be bad but emphasise that this does not invalidate them. 4. emphasise that courts must decide cases based merely on the literal meaning of the law. Clear my choice As far as the adjudication of cases are concerned, the objectivist theories argue that…… 1. court decisions can be regarded as something that will produce irrational and backward results. 2. Judges are not constrained by external factors. 3. Judges are constrained by the meaning of the text as determined by the subjective factors. 4. Judges are constrained by their own personal opinions. Clear my choice Question 8 Not yet answered Marked out of 1.00 One of the central components of Ubuntu is… 1. individualism. 2. reciprocity. 3. radicalism. 4. nationalism. Clear my choice Question 9 Not yet answered Marked out of 1.00 According to Modiri, the Critical Race Theory (CRT) in post-Apartheid South Africa rests on… 1. analyses of unequal distribution of wealth and poverty. 2. the centrality of identity politics. 3. critique of laws and institutions that perpetuate discrimination. 4. engagement with race in the narrow social and political life. Clear my choice Question 10 Not yet answered Marked out of 1.00 Frug suggests that the law encodes the female body by..... 1. Ralionalisation. 2. Gender discrimination. 3. Insubordination. 4. Maternalisation.
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