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LJU4801 Assignment 2 (COMPLETE ANSWERS) Semester 2 2026 - DUE September 2026

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LJU4801 Assignment 2 (COMPLETE ANSWERS) Semester 2 2026 - DUE September 2026; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.8.1..2.7.8..3.3.7.2... Name and discuss ONLY the theories that best explain how the judge decided this case. Which of the following notions accurately describe the African legal tradition? It is largely a written or codified system. Retribution is the primary objective. Judges are unrestrained in their decision-making. Law, religion and morality are intertwined. Which one of the following is NOT a function of the law according to Grotius? The protection of human rights. The protection of ownership. The enforcement of agreements. The awarding of compensation. Which one of the following statements pertaining to feminist theory is correct? Feminists believe that patriarchy is a metaphysical construct that does not really exist. Second wave of feminism started in the 19th and early 20th century. Gender is regarded as something that is determined by culture and upbringing. MacKinnon argued that legal rules mandated the terrorisation of the female body. Indicate the incorrect statement pertaining to African legal philosophy. African philosophy is different in the way it reflects on human life and nature in more intuitive ways. In African legal philosophy, there is little that separates religion from social, political and economic issues. Ethnophilosophy is based on the thoughts of individuals who are concerned with the fundamental ethical and legal issues of their society. The continued survival and thriving of African societies indicate the presence of sophisticated concepts and ideas. A judge is presiding over an application for an order compelling performance. X (the landlord) and Y (the tenant) agreed, in writing, that Y would rent an apartment from X for R12 000 per month. The duties and responsibilities of both parties were delineated in the written contract. One of the clauses stipulates: The landlord shall, at the landlord’s own cost, maintain the property, including its structural elements, roof, walls, plumbing, electrical installations and other fixtures forming part of the property, in a condition reasonably suitable for the use for which the property is let. After a heavy rainstorm tiles on the roof shifted and this created an opening through which rodents started entering the apartment. Y repeatedly requested X to fix the roof, but X did not take any action. Y approached the court for an order compelling X to fix the roof, arguing that the property is not currently in a condition reasonably suitable for living. After considering whether an order for performance should be granted, the judge decided as follows: “The notion that the presence of rodents renders the property unsuitable for living is questionable. Animals enrich a space with life and, if anything, arguably adds value to the property. The tenant would probably not complain if a cat or dog entered the property, I don’t see why rodents should be seen any differently. No order is made. Which philosopher is widely thought of as having established the discipline of mathematics? Grotius. Aristotle. Cicero. Plato. Which one of the following is not one of the ideas forming the basis of critical theory? Interdisciplinary. Skeptical approach. Interpretative turn. Reconciliatory approach. Which school of thinking can be best associated with the enforcement of Shari’a law? Natural law. Critical legal studies. Positivistic law. Transformative constitutionalism. Which of the following statements accurately reflects the views of the African philosopher Okafor? African legal traditions are best interpreted as positivistic principles. There is no metaphysical yardstick for law. Natural law is in accord with the African legal phenomenon. The ontology in African culture is rooted in positivism. Which one of the following statements pertaining to critical theory is correct? The task of CGT scholars is to blind people to the patriarchal structure of law and society. The law maternalises female bodies when its rules prohibit certain kinds of sexual conduct. Crits argue that traditional legal thinking justifies abstract reasoning that ignores the politics of power. Intersectionality refers to the singular way in which women may be disadvantaged. Which one of the following is NOT a function of the law according to Grotius? The protection of human rights. The protection of ownership. The enforcement of agreements. The awarding of compensation. Which one of the following statements pertaining to feminist theory is correct? Feminists believe that patriarchy is a metaphysical construct that does not really exist. Second wave of feminism started in the 19th and early 20th century. Gender is regarded as something that is determined by culture and upbringing. MacKinnon argued that legal rules mandated the terrorisation of the female body. A judge is presiding over an application for an order compelling performance. X (the landlord) and Y (the tenant) agreed, in writing, that Y would rent an apartment from X for R12 000 per month. The duties and responsibilities of both parties were delineated in the written contract. One of the clauses stipulates: The landlord shall, at the landlord’s own cost, maintain the property, including its structural elements, roof, walls, plumbing, electrical installations and other fixtures forming part of the property, in a condition reasonably suitable for the use for which the property is let. After a heavy rainstorm tiles on the roof shifted and this created an opening through which rodents started entering the apartment. Y repeatedly requested X to fix the roof, but X did not take any action. Y approached the court for an order compelling X to fix the roof, arguing that the property is not currently in a condition reasonably suitable for living. After considering whether an order for performance should be granted, the judge decided as follows: “The notion that the presence of rodents renders the property unsuitable for living is questionable. Animals enrich a space with life and, if anything, arguably adds value to the property. The tenant would probably not complain if a cat or dog entered the property, I don’t see why rodents should be seen any differently. No order is made. Indicate the incorrect statement pertaining to African legal philosophy. African philosophy is different in the way it reflects on human life and nature in more intuitive ways. In African legal philosophy, there is little that separates religion from social, political and economic issues. Ethnophilosophy is based on the thoughts of individuals who are concerned with the fundamental ethical and legal issues of their society. The continued survival and thriving of African societies indicate the presence of sophisticated concepts and ideas. Which philosopher is widely thought of as having established the discipline of mathematics? Grotius. Aristotle. Cicero. Plato. Which one of the following is not one of the ideas forming the basis of critical theory? Interdisciplinary. Skeptical approach. Interpretative turn. Reconciliatory approach. Which school of thinking can be best associated with the enforcement of Shari’a law? Natural law. Critical legal studies. Positivistic law. Transformative constitutionalism. Which one of the following is not one of the ideas forming the basis of critical theory? Interdisciplinary. Interpretative turn. Skeptical approach. Reconciliatory approach. Which one of the following is NOT a function of the law according to Grotius? The protection of human rights. The awarding of compensation. The enforcement of agreements. The protection of ownership. Which of the following terms do NOT describe a central component of Ubuntu as a legal philosophical concept? Relational. Communitarianism. Reciprocity. Reconstruction Which one of the following ideas accurately captures the essence of the term natural law? The ideal of justice is ever-changing, which means that we can never say with certainty that any specific law is just. There is an eternal, unchanging and universal part to any legal reality that we can easily observe and use as a yardstick by which human law should be judged. There is a real set of laws known as natural law that has existed since before humans have made law and it provides the yardstick by which human law can be judged. Law has a metaphysical realm that cannot be seen, touched or observed and this means that we can never determine how the law should be. Indicate the incorrect statement pertaining to African legal philosophy. One of the criticisms of the concept of ubuntu is that, as a concept, it entrenches patriarchy and this is in conflict with the Constitution. Idowu proposes a restricted communitarianism accommodating communal values and social commitments and individual rights. In African legal philosophy law is seen as an instrument to ensure social cohesion a way to achieve social goals and ideals. An African conception of law and adjudication favours a theory of law that is based on the reconciliatory theory of law. Which of the following is NOT regarded as an African philosopher? Julius Nyerere. Kwame Nkrumah. Nelson Mandela. Steve Biko. Which one of the following ideas accurately captures the essence of Aristotle’s notion of distributive justice? Those who are equal should be treated equally and those who are not equal should not be treated equally. No two people are equal and therefore an ideal of equality cannot really exist. Equality can only be attained in the afterlife and therefore the existence of law is futile. Because God created all humans equal in His image there is one standard by which all humans should be treated. Which of the following statements accurately reflects the views of the African philosopher Okafor? The ontology in African culture is rooted in positivism. African legal traditions are best interpreted as positivistic principles. There is no metaphysical yardstick for law. Natural law is in accord with the African legal phenomenon. Which philosopher’s work provided the basis for Islamic legal theory? Cicero. Aristotle. Grotius. Plato. Which of the following is NOT regarded as an African philosopher? Julius Nyerere. Steve Biko. Kwame Nkrumah. Nelson Mandela. Indicate the incorrect statement pertaining to African legal philosophy. One of the criticisms of the concept of ubuntu is that, as a concept, it entrenches patriarchy and this is in conflict with the Constitution. Idowu proposes a restricted communitarianism accommodating communal values and social commitments and individual rights. In African legal philosophy law is seen as an instrument to ensure social cohesion a way to achieve social goals and ideals. An African conception of law and adjudication favours a theory of law that is based on the reconciliatory theory of law. Which of the following is NOT regarded as an African philosopher? Julius Nyerere. Kwame Nkrumah. Nelson Mandela. Steve Biko. Which one of the following ideas accurately captures the essence of Aristotle’s notion of distributive justice? Those who are equal should be treated equally and those who are not equal should not be treated equally. No two people are equal and therefore an ideal of equality cannot really exist. Equality can only be attained in the afterlife and therefore the existence of law is futile. Because God created all humans equal in His image there is one standard by which all humans should be treated. Which of the following statements accurately reflects the views of the African philosopher Okafor? The ontology in African culture is rooted in positivism. African legal traditions are best interpreted as positivistic principles. There is no metaphysical yardstick for law. Natural law is in accord with the African legal phenomenon. Indicate the incorrect statement pertaining to African legal philosophy. Ethnophilosophy is based on the thoughts of individuals who are concerned with the fundamental ethical and legal issues of their society. In African legal philosophy, there is little that separates religion from social, political and economic issues. African philosophy is different in the way it reflects on human life and nature in more intuitive ways. The continued survival and thriving of African societies indicate the presence of sophisticated concepts and ideas. Indicate the incorrect statement pertaining to African legal philosophy. One of the criticisms of the concept of ubuntu is that, as a concept, it entrenches patriarchy and this is in conflict with the Constitution. Idowu proposes a restricted communitarianism accommodating communal values and social commitments and individual rights. In African legal philosophy law is seen as an instrument to ensure social cohesion a way to achieve social goals and ideals. An African conception of law and adjudication favours a theory of law that is based on the reconciliatory theory of law. Which of the following is NOT regarded as an African philosopher? Julius Nyerere. Kwame Nkrumah. Nelson Mandela. Steve Biko. Which one of the following ideas accurately captures the essence of Aristotle’s notion of distributive justice? Those who are equal should be treated equally and those who are not equal should not be treated equally. No two people are equal and therefore an ideal of equality cannot really exist. Equality can only be attained in the afterlife and therefore the existence of law is futile. Because God created all humans equal in His image there is one standard by which all humans should be treated. Which of the following statements accurately reflects the views of the African philosopher Okafor? The ontology in African culture is rooted in positivism. African legal traditions are best interpreted as positivistic principles. There is no metaphysical yardstick for law. Natural law is in accord with the African legal phenomenon. Which of the following notions accurately describe the African legal tradition? It is largely a written or codified system. Retribution is the primary objective. Judges are unrestrained in their decision-making. Law, religion and morality are intertwined. Which one of the following is NOT a function of the law according to Grotius? The protection of human rights. The protection of ownership. The enforcement of agreements. The awarding of compensation. Which one of the following statements pertaining to feminist theory is correct? Feminists believe that patriarchy is a metaphysical construct that does not really exist. Second wave of feminism started in the 19th and early 20th century. Gender is regarded as something that is determined by culture and upbringing. MacKinnon argued that legal rules mandated the terrorisation of the female body. Indicate the incorrect statement pertaining to African legal philosophy. African philosophy is different in the way it reflects on human life and nature in more intuitive ways. In African legal philosophy, there is little that separates religion from social, political and economic issues. Ethnophilosophy is based on the thoughts of individuals who are concerned with the fundamental ethical and legal issues of their society. The continued survival and thriving of African societies indicate the presence of sophisticated concepts and ideas. Which philosopher is widely thought of as having established the discipline of mathematics? Grotius. Aristotle. Cicero. Plato. Which one of the following is not one of the ideas forming the basis of critical theory? Interdisciplinary. Skeptical approach. Interpretative turn. Reconciliatory approach. Which school of thinking can be best associated with the enforcement of Shari’a law? Natural law. Critical legal studies. Positivistic law. Transformative constitutionalism. Which of the following statements accurately reflects the views of the African philosopher Okafor? African legal traditions are best interpreted as positivistic principles. There is no metaphysical yardstick for law. Natural law is in accord with the African legal phenomenon. The ontology in African culture is rooted in positivism. Which one of the following statements pertaining to critical theory is correct? The task of CGT scholars is to blind people to the patriarchal structure of law and society. The law maternalises female bodies when its rules prohibit certain kinds of sexual conduct. Crits argue that traditional legal thinking justifies abstract reasoning that ignores the politics of power. Intersectionality refers to the singular way in which women may be disadvantaged. Which one of the following is NOT a function of the law according to Grotius? The protection of human rights. The protection of ownership. The enforcement of agreements. The awarding of compensation. Which one of the following statements pertaining to feminist theory is correct? Feminists believe that patriarchy is a metaphysical construct that does not really exist. Second wave of feminism started in the 19th and early 20th century. Gender is regarded as something that is determined by culture and upbringing. MacKinnon argued that legal rules mandated the terrorisation of the female body. Indicate the incorrect statement pertaining to African legal philosophy. African philosophy is different in the way it reflects on human life and nature in more intuitive ways. In African legal philosophy, there is little that separates religion from social, political and economic issues. Ethnophilosophy is based on the thoughts of individuals who are concerned with the fundamental ethical and legal issues of their society. The continued survival and thriving of African societies indicate the presence of sophisticated concepts and ideas. Which philosopher is widely thought of as having established the discipline of mathematics? Grotius. Aristotle. Cicero. Plato. Which one of the following is not one of the ideas forming the basis of critical theory? Interdisciplinary. Skeptical approach. Interpretative turn. Reconciliatory approach. Which school of thinking can be best associated with the enforcement of Shari’a law? Natural law. Critical legal studies. Positivistic law. Transformative constitutionalism. Which one of the following is not one of the ideas forming the basis of critical theory? Interdisciplinary. Interpretative turn. Skeptical approach. Reconciliatory approach. Which one of the following is NOT a function of the law according to Grotius? The protection of human rights. The awarding of compensation. The enforcement of agreements. The protection of ownership. Which of the following terms do NOT describe a central component of Ubuntu as a legal philosophical concept? Relational. Communitarianism. Reciprocity. Reconstruction Which one of the following ideas accurately captures the essence of the term natural law? The ideal of justice is ever-changing, which means that we can never say with certainty that any specific law is just. There is an eternal, unchanging and universal part to any legal reality that we can easily observe and use as a yardstick by which human law should be judged. There is a real set of laws known as natural law that has existed since before humans have made law and it provides the yardstick by which human law can be judged. Law has a metaphysical realm that cannot be seen, touched or observed and this means that we can never determine how the law should be. Indicate the incorrect statement pertaining to African legal philosophy. One of the criticisms of the concept of ubuntu is that, as a concept, it entrenches patriarchy and this is in conflict with the Constitution. Idowu proposes a restricted communitarianism accommodating communal values and social commitments and individual rights. In African legal philosophy law is seen as an instrument to ensure social cohesion a way to achieve social goals and ideals. An African conception of law and adjudication favours a theory of law that is based on the reconciliatory theory of law. Which of the following is NOT regarded as an African philosopher? Julius Nyerere. Kwame Nkrumah. Nelson Mandela. Steve Biko. Which one of the following ideas accurately captures the essence of Aristotle’s notion of distributive justice? Those who are equal should be treated equally and those who are not equal should not be treated equally. No two people are equal and therefore an ideal of equality cannot really exist. Equality can only be attained in the afterlife and therefore the existence of law is futile. Because God created all humans equal in His image there is one standard by which all humans should be treated. Which of the following statements accurately reflects the views of the African philosopher Okafor? The ontology in African culture is rooted in positivism. African legal traditions are best interpreted as positivistic principles. There is no metaphysical yardstick for law. Natural law is in accord with the African legal phenomenon. Which philosopher’s work provided the basis for Islamic legal theory? Cicero. Aristotle. Grotius. Plato. Which of the following is NOT regarded as an African philosopher? Julius Nyerere. Steve Biko. Kwame Nkrumah. Nelson Mandela. Indicate the incorrect statement pertaining to African legal philosophy. One of the criticisms of the concept of ubuntu is that, as a concept, it entrenches patriarchy and this is in conflict with the Constitution. Idowu proposes a restricted communitarianism accommodating communal values and social commitments and individual rights. In African legal philosophy law is seen as an instrument to ensure social cohesion a way to achieve social goals and ideals. An African conception of law and adjudication favours a theory of law that is based on the reconciliatory theory of law. Which of the following is NOT regarded as an African philosopher? Julius Nyerere. Kwame Nkrumah. Nelson Mandela. Steve Biko. Which one of the following ideas accurately captures the essence of Aristotle’s notion of distributive justice? Those who are equal should be treated equally and those who are not equal should not be treated equally. No two people are equal and therefore an ideal of equality cannot really exist. Equality can only be attained in the afterlife and therefore the existence of law is futile. Because God created all humans equal in His image there is one standard by which all humans should be treated. Which of the following statements accurately reflects the views of the African philosopher Okafor? The ontology in African culture is rooted in positivism. African legal traditions are best interpreted as positivistic principles. There is no metaphysical yardstick for law. Natural law is in accord with the African legal phenomenon. Indicate the incorrect statement pertaining to African legal philosophy. Ethnophilosophy is based on the thoughts of individuals who are concerned with the fundamental ethical and legal issues of their society. In African legal philosophy, there is little that separates religion from social, political and economic issues. African philosophy is different in the way it reflects on human life and nature in more intuitive ways. The continued survival and thriving of African societies indicate the presence of sophisticated concepts and ideas. Indicate the incorrect statement pertaining to African legal philosophy. One of the criticisms of the concept of ubuntu is that, as a concept, it entrenches patriarchy and this is in conflict with the Constitution. Idowu proposes a restricted communitarianism accommodating communal values and social commitments and individual rights. In African legal philosophy law is seen as an instrument to ensure social cohesion a way to achieve social goals and ideals. An African conception of law and adjudication favours a theory of law that is based on the reconciliatory theory of law. Which of the following is NOT regarded as an African philosopher? Julius Nyerere. Kwame Nkrumah. Nelson Mandela. Steve Biko. Which one of the following ideas accurately captures the essence of Aristotle’s notion of distributive justice? Those who are equal should be treated equally and those who are not equal should not be treated equally. No two people are equal and therefore an ideal of equality cannot really exist. Equality can only be attained in the afterlife and therefore the existence of law is futile. Because God created all humans equal in His image there is one standard by which all humans should be treated. Which of the following statements accurately reflects the views of the African philosopher Okafor? The ontology in African culture is rooted in positivism. African legal traditions are best interpreted as positivistic principles. There is no metaphysical yardstick for law. Natural law is in accord with the African legal phenomenon. Which of the following notions accurately describe the African legal tradition? It is largely a written or codified system. Retribution is the primary objective. Judges are unrestrained in their decision-making. Law, religion and morality are intertwined. Which one of the following is NOT a function of the law according to Grotius? The protection of human rights. The protection of ownership. The enforcement of agreements. The awarding of compensation. Which one of the following statements pertaining to feminist theory is correct? Feminists believe that patriarchy is a metaphysical construct that does not really exist. Second wave of feminism started in the 19th and early 20th century. Gender is regarded as something that is determined by culture and upbringing. MacKinnon argued that legal rules mandated the terrorisation of the female body. Indicate the incorrect statement pertaining to African legal philosophy. African philosophy is different in the way it reflects on human life and nature in more intuitive ways. In African legal philosophy, there is little that separates religion from social, political and economic issues. Ethnophilosophy is based on the thoughts of individuals who are concerned with the fundamental ethical and legal issues of their society. The continued survival and thriving of African societies indicate the presence of sophisticated concepts and ideas. Which philosopher is widely thought of as having established the discipline of mathematics? Grotius. Aristotle. Cicero. Plato. Which one of the following is not one of the ideas forming the basis of critical theory? Interdisciplinary. Skeptical approach. Interpretative turn. Reconciliatory approach. Which school of thinking can be best associated with the enforcement of Shari’a law? Natural law. Critical legal studies. Positivistic law. Transformative constitutionalism. Which of the following statements accurately reflects the views of the African philosopher Okafor? African legal traditions are best interpreted as positivistic principles. There is no metaphysical yardstick for law. Natural law is in accord with the African legal phenomenon. The ontology in African culture is rooted in positivism. Which one of the following statements pertaining to critical theory is correct? The task of CGT scholars is to blind people to the patriarchal structure of law and society. The law maternalises female bodies when its rules prohibit certain kinds of sexual conduct. Crits argue that traditional legal thinking justifies abstract reasoning that ignores the politics of power. Intersectionality refers to the singular way in which women may be disadvantaged. Which one of the following is NOT a function of the law according to Grotius? The protection of human rights. The protection of ownership. The enforcement of agreements. The awarding of compensation. Which one of the following statements pertaining to feminist theory is correct? Feminists believe that patriarchy is a metaphysical construct that does not really exist. Second wave of feminism started in the 19th and early 20th century. Gender is regarded as something that is determined by culture and upbringing. MacKinnon argued that legal rules mandated the terrorisation of the female body. Indicate the incorrect statement pertaining to African legal philosophy. African philosophy is different in the way it reflects on human life and nature in more intuitive ways. In African legal philosophy, there is little that separates religion from social, political and economic issues. Ethnophilosophy is based on the thoughts of individuals who are concerned with the fundamental ethical and legal issues of their society. The continued survival and thriving of African societies indicate the presence of sophisticated concepts and ideas. Which philosopher is widely thought of as having established the discipline of mathematics? Grotius. Aristotle. Cicero. Plato. Which one of the following is not one of the ideas forming the basis of critical theory? Interdisciplinary. Skeptical approach. Interpretative turn. Reconciliatory approach. Which school of thinking can be best associated with the enforcement of Shari’a law? Natural law. Critical legal studies. Positivistic law. Transformative constitutionalism. Which one of the following is not one of the ideas forming the basis of critical theory? Interdisciplinary. Interpretative turn. Skeptical approach. Reconciliatory approach. Which one of the following is NOT a function of the law according to Grotius? The protection of human rights. The awarding of compensation. The enforcement of agreements. The protection of ownership. Which of the following terms do NOT describe a central component of Ubuntu as a legal philosophical concept? Relational. Communitarianism. Reciprocity. Reconstruction Which one of the following ideas accurately captures the essence of the term natural law? The ideal of justice is ever-changing, which means that we can never say with certainty that any specific law is just. There is an eternal, unchanging and universal part to any legal reality that we can easily observe and use as a yardstick by which human law should be judged. There is a real set of laws known as natural law that has existed since before humans have made law and it provides the yardstick by which human law can be judged. Law has a metaphysical realm that cannot be seen, touched or observed and this means that we can never determine how the law should be. Indicate the incorrect statement pertaining to African legal philosophy. One of the criticisms of the concept of ubuntu is that, as a concept, it entrenches patriarchy and this is in conflict with the Constitution. Idowu proposes a restricted communitarianism accommodating communal values and social commitments and individual rights. In African legal philosophy law is seen as an instrument to ensure social cohesion a way to achieve social goals and ideals. An African conception of law and adjudication favours a theory of law that is based on the reconciliatory theory of law. Which of the following is NOT regarded as an African philosopher? Julius Nyerere. Kwame Nkrumah. Nelson Mandela. Steve Biko. Which one of the following ideas accurately captures the essence of Aristotle’s notion of distributive justice? Those who are equal should be treated equally and those who are not equal should not be treated equally. No two people are equal and therefore an ideal of equality cannot really exist. Equality can only be attained in the afterlife and therefore the existence of law is futile. Because God created all humans equal in His image there is one standard by which all humans should be treated. Which of the following statements accurately reflects the views of the African philosopher Okafor? The ontology in African culture is rooted in positivism. African legal traditions are best interpreted as positivistic principles. There is no metaphysical yardstick for law. Natural law is in accord with the African legal phenomenon. Which philosopher’s work provided the basis for Islamic legal theory? Cicero. Aristotle. Grotius. Plato. Which of the following is NOT regarded as an African philosopher? Julius Nyerere. Steve Biko. Kwame Nkrumah. Nelson Mandela. Indicate the incorrect statement pertaining to African legal philosophy. One of the criticisms of the concept of ubuntu is that, as a concept, it entrenches patriarchy and this is in conflict with the Constitution. Idowu proposes a restricted communitarianism accommodating communal values and social commitments and individual rights. In African legal philosophy law is seen as an instrument to ensure social cohesion a way to achieve social goals and ideals. An African conception of law and adjudication favours a theory of law that is based on the reconciliatory theory of law. Which of the following is NOT regarded as an African philosopher? Julius Nyerere. Kwame Nkrumah. Nelson Mandela. Steve Biko. Which one of the following ideas accurately captures the essence of Aristotle’s notion of distributive justice? Those who are equal should be treated equally and those who are not equal should not be treated equally. No two people are equal and therefore an ideal of equality cannot really exist. Equality can only be attained in the afterlife and therefore the existence of law is futile. Because God created all humans equal in His image there is one standard by which all humans should be treated. Which of the following statements accurately reflects the views of the African philosopher Okafor? The ontology in African culture is rooted in positivism. African legal traditions are best interpreted as positivistic principles. There is no metaphysical yardstick for law. Natural law is in accord with the African legal phenomenon. Indicate the incorrect statement pertaining to African legal philosophy. Ethnophilosophy is based on the thoughts of individuals who are concerned with the fundamental ethical and legal issues of their society. In African legal philosophy, there is little that separates religion from social, political and economic issues. African philosophy is different in the way it reflects on human life and nature in more intuitive ways. The continued survival and thriving of African societies indicate the presence of sophisticated concepts and ideas. Indicate the incorrect statement pertaining to African legal philosophy. One of the criticisms of the concept of ubuntu is that, as a concept, it entrenches patriarchy and this is in conflict with the Constitution. Idowu proposes a restricted communitarianism accommodating communal values and social commitments and individual rights. In African legal philosophy law is seen as an instrument to ensure social cohesion a way to achieve social goals and ideals. An African conception of law and adjudication favours a theory of law that is based on the reconciliatory theory of law. Which of the following is NOT regarded as an African philosopher? Julius Nyerere. Kwame Nkrumah. Nelson Mandela. Steve Biko. Which one of the following ideas accurately captures the essence of Aristotle’s notion of distributive justice? Those who are equal should be treated equally and those who are not equal should not be treated equally. No two people are equal and therefore an ideal of equality cannot really exist. Equality can only be attained in the afterlife and therefore the existence of law is futile. Because God created all humans equal in His image there is one standard by which all humans should be treated. Which of the following statements accurately reflects the views of the African philosopher Okafor? The ontology in African culture is rooted in positivism. African legal traditions are best interpreted as positivistic principles. There is no metaphysical yardstick for law. Natural law is in accord with the African legal phenomenon.

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LJU4801
Assignment 2 Semester 2 2026
Unique number:
Due date: 7 September 2026


Theories Explaining the Judge's Decision

Introduction

The judge’s decision is best explained by two postmodern theories of adjudication
discussed by Kroeze in the LJU4801 study guide. The first is the critical theory that
judges exercise an unbounded free play of the judicial mind, while the second views
adjudication as a language game.1 Both theories question the idea that legal texts
have one fixed meaning which automatically determines a case. The lease required
X to maintain the roof and keep the apartment reasonably suitable for its intended
use. The judge nevertheless gave the clause a different meaning by reasoning that
rodents may add life and value to the property. This fits postmodern thinking
because interpretation and judicial choice become central to the outcome.1

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Timothy C. Shiell Legal Philosophy
Editorial: 1993 ISBN: 9780030768439 Edición: Desconocido

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