[TYPE THE COMPANY NAME]
LJU4801 October November
Portfolio (COMPLETE
ANSWERS) Semester 2 2025
- DUE 28 October 2025
NO PLAGIARISM
[Pick the date]
[Type the abstract of the document here. The abstract is typically a short summary of the contents of
the document. Type the abstract of the document here. The abstract is typically a short summary of
the contents of the document.]
,Exam (elaborations)
LJU4801 October November Portfolio
(COMPLETE ANSWERS) Semester 2 2025 -
DUE 28 October 2025
LJU4801 October November Portfolio (COMPLETE ANSWERS) Semester 2
2025 - DUE 28 October 2025; 100% TRUSTED Complete, trusted solutions
and explanations. Ensure your success with us....XOctober / November 2025
LEGAL PHILOSOPHY LJU4801 PORTFOLIO EXAMINERS: FIRST: PROF. J-H DE
VILLIERS SECOND: MS. PAN NYAWO EXTERNAL: DR. Y JOOSTE (University of
Pretoria) This paper consists of 7 pages. The paper counts 80 marks. The
portfolio runs from 23 - 28 October 2025. PLEASE READ THE FOLLOWING
INSTRUCTIONS CAREFULLY BEFORE ANSWERING THE EXAMINATION
QUESTIONS. 1. This portfolio must be submitted before 20:00 on 28 October
2025 (CAT). Students have to submit this portfolio via myUnisa, therefore no
e-mailed portfolios may be accepted. No extensions will be granted. It is the
responsibility of the student to ensure that the file submitted is not corrupted
and can be opened for marking. No scanned portfolios may be submitted. 2.
You must therefore submit this portfolio as Assessment 3 via myUnisa. When
you receive the portfolio, check whether your submission portal is
open/available and let your lecturers know immediately if your submission
portal is not open. 3.1 When ready to submit, open the Take-Home
(Assignment) assessment and click on the Add Submission button. LJU4801
OCT/NOV 2025 2 3.2 Note the file requirements such as: a. File size limit. b.
Number of files that can be submitted. c. File formats allowed. 3.3 Check the
acknowledgment checkbox and upload your answers document and then
click on the Save changes button. 3.4 Review your submission information
regarding the status and click on your submission file link to check if it's
correct. LJU4801 OCT/NOV 2025 3 3.5 If you need to resubmit a file, you can
click on the Edit Submission button. Do not click on the Remove submission
button. Note: You will need to delete any existing files by clicking on the file
and then on delete. 4. The Declaration of Academic Honesty button must be
clicked when submitting the portfolio examination. By ticking the Honesty
Declaration, you confirm that you have read (i) the University’s Policy on
Copyright Infringement and Plagiarism and the Student Disciplinary Code,
which are both available on myUnisa: values and plagiarism that is found at
LJU4801 OCT/NOV 2025 4 5. This is an open-book examination. You may
consult your prescribed study material during the examination. 6. Proper
footnote referencing must be used. This entails that every argument or idea
taken from another source, or any piece of information utilised from another
source, needs to be provided with a separate footnote reference. Please note
,that in-line referencing in the text may NOT be used. 7. When answering
questions, students are expected to make use of the study guide as well as
other sources relevant to the question. PLEASE DO NOT COPY AND PASTE
ANSWERS FROM ANY SOURCE. When answering the questions, you must
provide footnote references to the relevant source(s) for every statement
made. You must make use of the Unisa School of Law referencing style.
Refer to Tutorial Letter 301 and Tutorial Letter 302 under the Official Study
Material tab on myUnisa. Do not make use of long quotations, rather
rephrase the arguments in your own words. Short quotations must appear in
quotation marks and be accompanied by a corresponding footnote reference.
Unreferenced portfolio content will not be credited with marks. 8. Use proper
language and grammar and make use of full sentences; no bullets or
numbering are allowed. Your essays must present coherent, logical and
consistent arguments. 9. Note that all portfolios will be scrutinised for
plagiarism through the use of Turnitin. Any information provided that is not
in your own words and properly referenced, will be flagged by Turnitin. Be
reminded that Turnitin also compares all student assignment submissions to
each other; instances of academic dishonesty or students copying from each
other will also be identified. Instances of AI writing are also detected by
Turnitin. Cases of plagiarism or academic dishonesty will be dealt with in
accordance with the University's policies. Carefully consider the following
pronouncement made by Nelson Mandela during his first court statement in
Pretoria, 1962: Your Worship, I would say that the whole life of any thinking
African in this country drives him continuously to a conflict between his
conscience on the one hand and the law on the other. This is not a conflict
peculiar to this country. The conflict arises for men of conscience, for men
who think and who feel deeply in every country. Recently in Britain, a peer of
the realm, Earl Russell, probably the most respected philosopher of the
Western world, was sentenced, convicted for precisely the type of activities
for which I stand before you today, for following his conscience in defiance of
the law, as a protest against a nuclear weapons policy being followed by his
own government. For him, his duty to the public, his belief in the morality of
the essential rightness of the cause for which he stood, rose superior to this
high respect for the law. He could not do other than to oppose the law and to
suffer the consequences for it. Nor can I. Nor can many Africans in this
country. The law as it is applied, the law as it has been developed over a
long period of history, and especially the law as it is written and designed by
the Nationalist government, is a law which, in our view, is immoral, unjust,
and intolerable. Our consciences dictate that we must protest against it, that
we must oppose it, and that we must attempt to alter it. Consider the
following extract from page 1 of The Citizen newspaper, Friday 29 August
2025: The Sexual Offences Act 23 of 1957 prohibits prostitution, brothel-
keeping, and other related activities. A call for the decriminalisation of sex
work is currently being heard by the Western Cape High Court.
Comprehensively explain the legal thinking found in the work of Mary Joe
Frug to explain how both the law, generally, and the Sexual Offences Act,
, specifically, “encodes” the female body with meaning. Read the following
scenario and then answer the question below: In South Africa, prostitution
constitutes a crime in terms of the Sexual Offences Act 23 of 1957. There are
divergent views on the rationale behind the criminalisation of prostitution.
Some attribute the non-recognition of prostitution to the immorality of the
conduct, while others are of the opinion that the law has nothing to do with
the morality or immorality of the prohibited conduct. 1.1 Identify and discuss
the two philosophical approaches being used here. Your answer should not
exceed 750 words. (15) 1.2 According to the positivist theory of adjudication,
is the South African position on prostitution based on law or immorality?
Discuss. Your answer should not exceed 750 words. (15) [30]
QUESTION 1.1
Prompt:
Identify and discuss the two philosophical approaches being used here.
(Two views: 1) law reflects immorality of conduct; 2) law is separate from morality.)
±750 words.
Guided Answer Draft
Introduction (approx. 100–120 words)
The criminalisation of prostitution in South Africa, under the Sexual Offences Act 23 of 1957,
raises fundamental questions about the relationship between law and morality. The divergent
views—whether the law should embody moral judgments or stand apart from them—reflect two
dominant philosophical traditions in jurisprudence: natural law theory and legal positivism.
These approaches differ profoundly in how they conceptualise the nature, purpose, and
legitimacy of law. This essay explores these two philosophical perspectives and examines how
they shape legal reasoning and state regulation of morally contested behaviour, such as
prostitution.
1. Natural Law Theory (approx. 280–300 words)
Natural law theory asserts that law is inseparable from morality. Its roots can be traced to
classical philosophers such as Aristotle and Aquinas, who argued that a law that contradicts
moral principles is unjust and lacks legitimate authority. According to Thomas Aquinas, human
law derives its validity from the “eternal law” of God or nature; when law departs from moral
truth, it becomes a perversion of law rather than law itself.
Modern natural law theorists, such as Lon Fuller, further argue that law must conform to
internal moral principles—such as consistency, clarity, and fairness—to be valid. Fuller’s “inner
LJU4801 October November
Portfolio (COMPLETE
ANSWERS) Semester 2 2025
- DUE 28 October 2025
NO PLAGIARISM
[Pick the date]
[Type the abstract of the document here. The abstract is typically a short summary of the contents of
the document. Type the abstract of the document here. The abstract is typically a short summary of
the contents of the document.]
,Exam (elaborations)
LJU4801 October November Portfolio
(COMPLETE ANSWERS) Semester 2 2025 -
DUE 28 October 2025
LJU4801 October November Portfolio (COMPLETE ANSWERS) Semester 2
2025 - DUE 28 October 2025; 100% TRUSTED Complete, trusted solutions
and explanations. Ensure your success with us....XOctober / November 2025
LEGAL PHILOSOPHY LJU4801 PORTFOLIO EXAMINERS: FIRST: PROF. J-H DE
VILLIERS SECOND: MS. PAN NYAWO EXTERNAL: DR. Y JOOSTE (University of
Pretoria) This paper consists of 7 pages. The paper counts 80 marks. The
portfolio runs from 23 - 28 October 2025. PLEASE READ THE FOLLOWING
INSTRUCTIONS CAREFULLY BEFORE ANSWERING THE EXAMINATION
QUESTIONS. 1. This portfolio must be submitted before 20:00 on 28 October
2025 (CAT). Students have to submit this portfolio via myUnisa, therefore no
e-mailed portfolios may be accepted. No extensions will be granted. It is the
responsibility of the student to ensure that the file submitted is not corrupted
and can be opened for marking. No scanned portfolios may be submitted. 2.
You must therefore submit this portfolio as Assessment 3 via myUnisa. When
you receive the portfolio, check whether your submission portal is
open/available and let your lecturers know immediately if your submission
portal is not open. 3.1 When ready to submit, open the Take-Home
(Assignment) assessment and click on the Add Submission button. LJU4801
OCT/NOV 2025 2 3.2 Note the file requirements such as: a. File size limit. b.
Number of files that can be submitted. c. File formats allowed. 3.3 Check the
acknowledgment checkbox and upload your answers document and then
click on the Save changes button. 3.4 Review your submission information
regarding the status and click on your submission file link to check if it's
correct. LJU4801 OCT/NOV 2025 3 3.5 If you need to resubmit a file, you can
click on the Edit Submission button. Do not click on the Remove submission
button. Note: You will need to delete any existing files by clicking on the file
and then on delete. 4. The Declaration of Academic Honesty button must be
clicked when submitting the portfolio examination. By ticking the Honesty
Declaration, you confirm that you have read (i) the University’s Policy on
Copyright Infringement and Plagiarism and the Student Disciplinary Code,
which are both available on myUnisa: values and plagiarism that is found at
LJU4801 OCT/NOV 2025 4 5. This is an open-book examination. You may
consult your prescribed study material during the examination. 6. Proper
footnote referencing must be used. This entails that every argument or idea
taken from another source, or any piece of information utilised from another
source, needs to be provided with a separate footnote reference. Please note
,that in-line referencing in the text may NOT be used. 7. When answering
questions, students are expected to make use of the study guide as well as
other sources relevant to the question. PLEASE DO NOT COPY AND PASTE
ANSWERS FROM ANY SOURCE. When answering the questions, you must
provide footnote references to the relevant source(s) for every statement
made. You must make use of the Unisa School of Law referencing style.
Refer to Tutorial Letter 301 and Tutorial Letter 302 under the Official Study
Material tab on myUnisa. Do not make use of long quotations, rather
rephrase the arguments in your own words. Short quotations must appear in
quotation marks and be accompanied by a corresponding footnote reference.
Unreferenced portfolio content will not be credited with marks. 8. Use proper
language and grammar and make use of full sentences; no bullets or
numbering are allowed. Your essays must present coherent, logical and
consistent arguments. 9. Note that all portfolios will be scrutinised for
plagiarism through the use of Turnitin. Any information provided that is not
in your own words and properly referenced, will be flagged by Turnitin. Be
reminded that Turnitin also compares all student assignment submissions to
each other; instances of academic dishonesty or students copying from each
other will also be identified. Instances of AI writing are also detected by
Turnitin. Cases of plagiarism or academic dishonesty will be dealt with in
accordance with the University's policies. Carefully consider the following
pronouncement made by Nelson Mandela during his first court statement in
Pretoria, 1962: Your Worship, I would say that the whole life of any thinking
African in this country drives him continuously to a conflict between his
conscience on the one hand and the law on the other. This is not a conflict
peculiar to this country. The conflict arises for men of conscience, for men
who think and who feel deeply in every country. Recently in Britain, a peer of
the realm, Earl Russell, probably the most respected philosopher of the
Western world, was sentenced, convicted for precisely the type of activities
for which I stand before you today, for following his conscience in defiance of
the law, as a protest against a nuclear weapons policy being followed by his
own government. For him, his duty to the public, his belief in the morality of
the essential rightness of the cause for which he stood, rose superior to this
high respect for the law. He could not do other than to oppose the law and to
suffer the consequences for it. Nor can I. Nor can many Africans in this
country. The law as it is applied, the law as it has been developed over a
long period of history, and especially the law as it is written and designed by
the Nationalist government, is a law which, in our view, is immoral, unjust,
and intolerable. Our consciences dictate that we must protest against it, that
we must oppose it, and that we must attempt to alter it. Consider the
following extract from page 1 of The Citizen newspaper, Friday 29 August
2025: The Sexual Offences Act 23 of 1957 prohibits prostitution, brothel-
keeping, and other related activities. A call for the decriminalisation of sex
work is currently being heard by the Western Cape High Court.
Comprehensively explain the legal thinking found in the work of Mary Joe
Frug to explain how both the law, generally, and the Sexual Offences Act,
, specifically, “encodes” the female body with meaning. Read the following
scenario and then answer the question below: In South Africa, prostitution
constitutes a crime in terms of the Sexual Offences Act 23 of 1957. There are
divergent views on the rationale behind the criminalisation of prostitution.
Some attribute the non-recognition of prostitution to the immorality of the
conduct, while others are of the opinion that the law has nothing to do with
the morality or immorality of the prohibited conduct. 1.1 Identify and discuss
the two philosophical approaches being used here. Your answer should not
exceed 750 words. (15) 1.2 According to the positivist theory of adjudication,
is the South African position on prostitution based on law or immorality?
Discuss. Your answer should not exceed 750 words. (15) [30]
QUESTION 1.1
Prompt:
Identify and discuss the two philosophical approaches being used here.
(Two views: 1) law reflects immorality of conduct; 2) law is separate from morality.)
±750 words.
Guided Answer Draft
Introduction (approx. 100–120 words)
The criminalisation of prostitution in South Africa, under the Sexual Offences Act 23 of 1957,
raises fundamental questions about the relationship between law and morality. The divergent
views—whether the law should embody moral judgments or stand apart from them—reflect two
dominant philosophical traditions in jurisprudence: natural law theory and legal positivism.
These approaches differ profoundly in how they conceptualise the nature, purpose, and
legitimacy of law. This essay explores these two philosophical perspectives and examines how
they shape legal reasoning and state regulation of morally contested behaviour, such as
prostitution.
1. Natural Law Theory (approx. 280–300 words)
Natural law theory asserts that law is inseparable from morality. Its roots can be traced to
classical philosophers such as Aristotle and Aquinas, who argued that a law that contradicts
moral principles is unjust and lacks legitimate authority. According to Thomas Aquinas, human
law derives its validity from the “eternal law” of God or nature; when law departs from moral
truth, it becomes a perversion of law rather than law itself.
Modern natural law theorists, such as Lon Fuller, further argue that law must conform to
internal moral principles—such as consistency, clarity, and fairness—to be valid. Fuller’s “inner
