LJU4801
MAY JUNE PORTFOLIO 2025
Detailed Solutions, References & Explanations
Unique number:
Due Date: 28 May 2025
QUESTION 1
1.1.
In the scenario provided, the issue of criminalising prostitution in South Africa under the
Sexual Offences Act 23 of 1957 raises two opposing philosophical approaches: natural
law theory and legal positivism. These approaches reflect fundamentally different views
about the relationship between law and morality.
1. Natural Law Theory
Natural law theory holds that there exists a set of universal moral principles which
underpin all valid laws. If a law does not conform to these principles, it is not considered
a true law. This theory sees justice and morality as central to legal validity. Natural law is
based on the belief in an unchanging, eternal standard of justice that applies to all
societies, at all times, and it can be accessed through human reason.1
Terms of use
Thinkers such as Plato and Aristotle believed that human-made (positive) laws must aim
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,orand
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 67 171 1739
QUESTION 1
1.1.
In the scenario provided, the issue of criminalising prostitution in South Africa under
the Sexual Offences Act 23 of 1957 raises two opposing philosophical approaches:
natural law theory and legal positivism. These approaches reflect fundamentally
different views about the relationship between law and morality.
1. Natural Law Theory
Natural law theory holds that there exists a set of universal moral principles which
underpin all valid laws. If a law does not conform to these principles, it is not
considered a true law. This theory sees justice and morality as central to legal
validity. Natural law is based on the belief in an unchanging, eternal standard of
justice that applies to all societies, at all times, and it can be accessed through
human reason.1
Thinkers such as Plato and Aristotle believed that human-made (positive) laws must
aim to reflect an ideal form of justice. Later, Thomas Aquinas argued that natural law
is derived from divine eternal law, and humans can know it through reason. If a law
contradicts natural law, such as laws enforcing discrimination or unjust punishment,
it can be challenged as invalid.2
From the natural law perspective, the criminalisation of prostitution would be justified
only if it violates fundamental moral or human principles. If prostitution involves
exploitation, abuse, or undermines human dignity, natural law may justify
criminalising it. However, if the act is consensual and does not harm others, then
punishing it might be unjust and contrary to natural law. As Mandela famously said,
"the whole life of any thinking African… drives him continuously to a conflict between
his conscience and the law"—a view closely aligned with natural law reasoning,
1
Kroeze IJ, Legal Philosophy: Only Study Guide for LJU4801 (University of South Africa, 2018) 65.
2
Kroeze IJ, Legal Philosophy (2018) 72.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
MAY JUNE PORTFOLIO 2025
Detailed Solutions, References & Explanations
Unique number:
Due Date: 28 May 2025
QUESTION 1
1.1.
In the scenario provided, the issue of criminalising prostitution in South Africa under the
Sexual Offences Act 23 of 1957 raises two opposing philosophical approaches: natural
law theory and legal positivism. These approaches reflect fundamentally different views
about the relationship between law and morality.
1. Natural Law Theory
Natural law theory holds that there exists a set of universal moral principles which
underpin all valid laws. If a law does not conform to these principles, it is not considered
a true law. This theory sees justice and morality as central to legal validity. Natural law is
based on the belief in an unchanging, eternal standard of justice that applies to all
societies, at all times, and it can be accessed through human reason.1
Terms of use
Thinkers such as Plato and Aristotle believed that human-made (positive) laws must aim
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,orand
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 67 171 1739
QUESTION 1
1.1.
In the scenario provided, the issue of criminalising prostitution in South Africa under
the Sexual Offences Act 23 of 1957 raises two opposing philosophical approaches:
natural law theory and legal positivism. These approaches reflect fundamentally
different views about the relationship between law and morality.
1. Natural Law Theory
Natural law theory holds that there exists a set of universal moral principles which
underpin all valid laws. If a law does not conform to these principles, it is not
considered a true law. This theory sees justice and morality as central to legal
validity. Natural law is based on the belief in an unchanging, eternal standard of
justice that applies to all societies, at all times, and it can be accessed through
human reason.1
Thinkers such as Plato and Aristotle believed that human-made (positive) laws must
aim to reflect an ideal form of justice. Later, Thomas Aquinas argued that natural law
is derived from divine eternal law, and humans can know it through reason. If a law
contradicts natural law, such as laws enforcing discrimination or unjust punishment,
it can be challenged as invalid.2
From the natural law perspective, the criminalisation of prostitution would be justified
only if it violates fundamental moral or human principles. If prostitution involves
exploitation, abuse, or undermines human dignity, natural law may justify
criminalising it. However, if the act is consensual and does not harm others, then
punishing it might be unjust and contrary to natural law. As Mandela famously said,
"the whole life of any thinking African… drives him continuously to a conflict between
his conscience and the law"—a view closely aligned with natural law reasoning,
1
Kroeze IJ, Legal Philosophy: Only Study Guide for LJU4801 (University of South Africa, 2018) 65.
2
Kroeze IJ, Legal Philosophy (2018) 72.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
