,LJU4801 MAY JUNE PORTFOLIO (COMPLETE
ANSWERS) Semester 1 2025 - DUE 28 May 2025;
100% TRUSTED Complete, trusted solutions and
explanations.
Question 1
1.1 Identify and discuss the two philosophical approaches being
used here. Your answer should not exceed 750 words. (15)
The scenario presents a legal issue—prostitution being criminalised
under South African law—and highlights two contrasting views about
why this is so. These views represent two major philosophical
approaches to law: legal moralism (also known as natural law theory)
and legal positivism.
1. Natural Law Theory / Legal Moralism
Natural law theory posits that the validity of a law is inherently
connected to morality. This school of thought maintains that an unjust
law—one that is morally reprehensible—is not a true law and, therefore,
lacks legitimacy. Within the context of prostitution, supporters of natural
law would argue that the conduct is criminalised because it is inherently
immoral.
This approach is grounded in the belief that law should promote a moral
order, and laws that contradict moral values are to be rejected or
reformed. From this perspective, prostitution is seen as degrading to
human dignity, destructive to family and societal structures, and contrary
to public decency. The criminalisation of prostitution, then, is a
reflection of the collective moral sentiment of society—a tool for
maintaining moral standards.
, Key features of this approach:
Morality and law are intertwined.
Law should reflect moral truths.
Prostitution is illegal because it is morally wrong.
2. Legal Positivism
Legal positivism, on the other hand, separates law from morality. This
approach holds that the legitimacy of a law depends not on its moral
content but on whether it has been created according to the proper
procedures and sources of law (e.g., legislative enactment). According to
positivists, a law can be valid even if it is immoral, as long as it follows
the correct legal process.
From the positivist viewpoint, the criminalisation of prostitution in
South Africa is a matter of legal procedure and social policy, not
morality. The law is valid simply because it was passed by a competent
authority. Whether prostitution is moral or immoral is irrelevant to the
law’s validity.
Key features of this approach:
Law and morality are separate domains.
A law’s validity depends on its source, not its moral content.
Prostitution is illegal because lawmakers enacted a statute to that
effect.
Conclusion
Thus, the two philosophical approaches reflected in the scenario are
natural law theory, which ties legal validity to moral correctness, and
legal positivism, which regards the law as valid if it follows proper legal
procedures, regardless of morality. These approaches lead to different
interpretations of the rationale behind criminalising prostitution: one
grounded in moral condemnation, the other in legal formality and social
regulation.
ANSWERS) Semester 1 2025 - DUE 28 May 2025;
100% TRUSTED Complete, trusted solutions and
explanations.
Question 1
1.1 Identify and discuss the two philosophical approaches being
used here. Your answer should not exceed 750 words. (15)
The scenario presents a legal issue—prostitution being criminalised
under South African law—and highlights two contrasting views about
why this is so. These views represent two major philosophical
approaches to law: legal moralism (also known as natural law theory)
and legal positivism.
1. Natural Law Theory / Legal Moralism
Natural law theory posits that the validity of a law is inherently
connected to morality. This school of thought maintains that an unjust
law—one that is morally reprehensible—is not a true law and, therefore,
lacks legitimacy. Within the context of prostitution, supporters of natural
law would argue that the conduct is criminalised because it is inherently
immoral.
This approach is grounded in the belief that law should promote a moral
order, and laws that contradict moral values are to be rejected or
reformed. From this perspective, prostitution is seen as degrading to
human dignity, destructive to family and societal structures, and contrary
to public decency. The criminalisation of prostitution, then, is a
reflection of the collective moral sentiment of society—a tool for
maintaining moral standards.
, Key features of this approach:
Morality and law are intertwined.
Law should reflect moral truths.
Prostitution is illegal because it is morally wrong.
2. Legal Positivism
Legal positivism, on the other hand, separates law from morality. This
approach holds that the legitimacy of a law depends not on its moral
content but on whether it has been created according to the proper
procedures and sources of law (e.g., legislative enactment). According to
positivists, a law can be valid even if it is immoral, as long as it follows
the correct legal process.
From the positivist viewpoint, the criminalisation of prostitution in
South Africa is a matter of legal procedure and social policy, not
morality. The law is valid simply because it was passed by a competent
authority. Whether prostitution is moral or immoral is irrelevant to the
law’s validity.
Key features of this approach:
Law and morality are separate domains.
A law’s validity depends on its source, not its moral content.
Prostitution is illegal because lawmakers enacted a statute to that
effect.
Conclusion
Thus, the two philosophical approaches reflected in the scenario are
natural law theory, which ties legal validity to moral correctness, and
legal positivism, which regards the law as valid if it follows proper legal
procedures, regardless of morality. These approaches lead to different
interpretations of the rationale behind criminalising prostitution: one
grounded in moral condemnation, the other in legal formality and social
regulation.
