LJU4801 Assignment 2 Semester 1 2025 | Due April 2025

LJU4801 Assignment 2 Semester 1 2025 | Due April 2025 Course Legal Philosophy (LJU4801) Institution University Of South Africa (Unisa) Assessment 2 LJU4801 Instructions Questions 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 300 words. Dworkin’s communalist theory, as part of the objectivist approach, asserts that judges are not independent decision-makers but are instead constrained by a broader community of interpreters. This community includes other judges, legal scholars, and the legal traditions of the system within which they operate¹. The theory suggests that judicial decision-making is not a subjective exercise but is guided by the principles and values historically embedded in the legal system². 1 Dworkin, R. (1986). Law’s Empire. Harvard University Press.