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 QUESTION 1 Question 1.1: Identify and discuss the two philosophical approaches being used here. Word limit: Not exceeding 750 words Marks: 15 Answer Guide: The two philosophical approaches presented in the scenario are: 1. Natural Law Theory Natural law theory holds that law is inherently connected to morality. According to this view, an unjust law is not a true law. Laws are derived from a set of moral principles that are universal and can be discovered through human reason. • Application to the scenario: Those who argue that prostitution should be criminalised because it is immoral are relying on a natural law approach. They believe that the law reflects societal morals and that immoral conduct should be prohibited through legal sanctions. • Key thinkers: St. Thomas Aquinas is often cited as a foundational thinker of natural law. More recent proponents include John Finnis. • Criticism: Critics argue that morality is subjective and culturally relative, thus it is problematic to base laws strictly on moral standards. 2. Legal Positivism Legal positivism asserts that the validity of a law is not dependent on its moral content. According to this theory, law is a system of rules created by a recognized authority (e.g., Parliament), and whether a law is moral or immoral is irrelevant to its legal validity. • Application to the scenario: Those who claim that the criminalisation of