LJU4801
ASSIGNMENT 3 2025
UNIQUE NO.
DUE DATE: 2025
, lOMoARcPSD|21997160
Question 1
1.1
Natural Law
Natural law is a set of laws created by humans, governed by morality and law.
These normative systems promote peaceful inter-subjectivity among people,
based on individual autonomy and equal respect for all. Their relationship is
complementary, promoting peaceful and effective inter-subjectivity among people.
Law makes up for morality's shortcomings in terms of functionality, whereas
morality, via the concepts of duty and solidarity, restrains the strict application of
positive law.1
Legal theorists have different views on the relationship between morality and law.
Some argue that morality and law are interrelated but separate, while others
believe they are independent. Some believe that morally repugnant laws cannot
be ignored, while others believe that rules controlling behavioural expectations
must be consistent with moral principles. Legislation should protect the welfare of
the community and individual. Therefore, the goal of any law should be to achieve
both the state's goal and the common good of the community, both immediate and
ultimate.2
Legal Positivism
The basic starting point of legal positivism is the rejection of metaphysics. 3 Legal
positivists don’t believe the law is based on some set of unchanging rules as they
see them as some mere speculation. For them, law must be based on facts and
judges must decide cases based on the facts and not on a concept such as
morality. Therefore, in a court of law, the only meaning these terms have is what
positive law gives them. The validity of a duly enacted law can never be dependent
on its moral content. 4
Two key claims of legal positivism, is a prominent philosophical theory of the
nature of law, that has two key claims. These claims are that (1) social facts, that
is, facts about human behaviour and intentions, are the only basis for the existence
and content of laws; and (2) there is no inherent link between morality and the law.
The existence and content of laws are independent of the merits or demerits of
the law, such as whether or not they uphold the ideals of justice, democracy, or
morality.5
Natural Law Philosopher’s view in terms of Homosexuality
1 Moka-Mubelo, W. Law and Morality: Reconciling Law and Morality in Human Rights Discourse. 51-
88
2
Moka-Mubelo, W. Law and Morality: Reconciling Law and Morality in Human Rights Discourse. 51-
88
3 Prof Kroeze IJ Legal Philosophy. 77
4 Prof Kroeze IJ Legal Philosophy. 79
5 Michael Sevel and Brian Leiter Legal Positivism
ASSIGNMENT 3 2025
UNIQUE NO.
DUE DATE: 2025
, lOMoARcPSD|21997160
Question 1
1.1
Natural Law
Natural law is a set of laws created by humans, governed by morality and law.
These normative systems promote peaceful inter-subjectivity among people,
based on individual autonomy and equal respect for all. Their relationship is
complementary, promoting peaceful and effective inter-subjectivity among people.
Law makes up for morality's shortcomings in terms of functionality, whereas
morality, via the concepts of duty and solidarity, restrains the strict application of
positive law.1
Legal theorists have different views on the relationship between morality and law.
Some argue that morality and law are interrelated but separate, while others
believe they are independent. Some believe that morally repugnant laws cannot
be ignored, while others believe that rules controlling behavioural expectations
must be consistent with moral principles. Legislation should protect the welfare of
the community and individual. Therefore, the goal of any law should be to achieve
both the state's goal and the common good of the community, both immediate and
ultimate.2
Legal Positivism
The basic starting point of legal positivism is the rejection of metaphysics. 3 Legal
positivists don’t believe the law is based on some set of unchanging rules as they
see them as some mere speculation. For them, law must be based on facts and
judges must decide cases based on the facts and not on a concept such as
morality. Therefore, in a court of law, the only meaning these terms have is what
positive law gives them. The validity of a duly enacted law can never be dependent
on its moral content. 4
Two key claims of legal positivism, is a prominent philosophical theory of the
nature of law, that has two key claims. These claims are that (1) social facts, that
is, facts about human behaviour and intentions, are the only basis for the existence
and content of laws; and (2) there is no inherent link between morality and the law.
The existence and content of laws are independent of the merits or demerits of
the law, such as whether or not they uphold the ideals of justice, democracy, or
morality.5
Natural Law Philosopher’s view in terms of Homosexuality
1 Moka-Mubelo, W. Law and Morality: Reconciling Law and Morality in Human Rights Discourse. 51-
88
2
Moka-Mubelo, W. Law and Morality: Reconciling Law and Morality in Human Rights Discourse. 51-
88
3 Prof Kroeze IJ Legal Philosophy. 77
4 Prof Kroeze IJ Legal Philosophy. 79
5 Michael Sevel and Brian Leiter Legal Positivism
