LJU4801 MAY/JUNE PORTFOLIO Semester 1 2025 (Answer Guide) - DUE 28 May 2025

LJU4801 MAY/JUNE PORTFOLIO Semester 1 2025 (Answer Guide) - DUE 28 May 2025 QUESTIONS WITH 100% VERIFIED AND CERTIFIED ANSWERS. WRITTEN IN REQUIRED FORMAT AND WITHIN GIVEN GUIDELINES. IT IS GOOD TO USE AS A GUIDE AND FOR REFERENCE, NEVER PLAGARIZE. Thank you and success in your academics. UNISA, 2025. Contents QUESTION 1 2 Question 1.1: Identify and discuss the two philosophical approaches being used here. 2 1. Natural Law Theory 2 2. Legal Positivism 3 Comparison and Implications 3 Question 1.2: According to the positivist theory of adjudication, is the South African position on prostitution based on law or immorality? Discuss. 3 Understanding Positivist Theory of Adjudication 4 Application to South African Context 4 Counterpoints and Constitutional Considerations 5 Conclusion 5 QUESTION 2 6 Question 2.1: From the objectivist theories’ perspective, judges are part of a community of interpreters and this community determines how judges must decide cases. Discuss what this perspective entails. In your discussion, refer to Dworkin’s communalist theory. 6 Question 2.2: Based on your answer to question 2.1 above, discuss how the doctrine of judicial precedent (stare decisis) resonates with the notion that judges are constrained in their decision-making by the community of interpreters. 7 Question 3.1: Discuss how the court’s remarks resonate with the notion of communitarianism and reconciliation, which are central to African legal philosophy. 8 Introduction 8 Restorative Justice and Its Relevance to African Legal Philosophy 9 Communitarianism in African Legal Thought 9 Reconciliation as a Core Aim of Justice 10 Restorative Justice as a Bridge Between African and Western Legal Systems 10 Challenges and Limitations 11 Conclusion 11 QUESTION 4 12 Question 4.1: Discuss the four main ideas that form the basis for critical legal theory. 12 Question 4.2: Mary Joe Frug argues that the law “encodes” the female body with meaning. Briefly discuss how the law mandates the sexualisation of the female body. 14