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Legal Philosophy - LJU4801
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LJU4801 PORTFOLIO
MAY JUNE (COMPLETE
ANSWERS) Semester 1
2024 - DUE 22 May
2024;100% TRUSTED
workings,
explanations and
soluti ons.
ADMIN
[COMPANY NAME]
, Question 1 Read the following article and then answer the questions below: In
the newspaper article written by Nico De Jager titled “Pride is a Heavy Price to
Pay”,1 the author talks about discrimination on the basis of sexual orientation.
According to this article: “At least 20 LGBTQIA+ [lesbian, gay, bisexual,
transgender, queer, intersex, asexual plus] individuals were brutally killed
across South Africa between February and October [2021] when the country
witnessed an increase in the number of attacks against lesbians, gays and
transgender people. Many of the victims were beaten or stabbed to death.
Evidently, these victims were targeted because of their sexual orientation and
gender identity.” The article further indicates that: “As a society firmly
entrenched in patriarchy and misogyny, many South Africans still perceive
LGBTQIA+ individuals as inherently immoral and/or “un-African” and therefore
pay little attention to the violence that they endure daily. This is indicative of
the work that needs to be done in changing societal attitudes in our
communities.” 1.1 Despite the rights of LGBTQIA+ having constitutional and
legislative protection, members of this community are still victimised in South
Africa, with some critics (as noted above) viewing homosexuality as immoral.
One of the consistent debates in legal philosophy has been the relationship
between law and morality. Discuss how legal positivists and natural-law
philosophers view this relationship. Your answer should not exceed 1000
words. (20) 1.2 Section 9 of the Constitution of the Republic of South Africa,
1996 prohibits discrimination on the basis of sexual orientation. Moreover, the
Civil Union Act 17 of 2006 recognises same-sex marriages. Keeping in mind
the positivist theory 1 N de Jager, ‘Pride is a Heavy Price to Pay’ Mail &
Guardian (25 June 2022) of adjudication, is the South African position on
homosexuality based on law or morality? Discuss. Your answer should not
exceed 750 words. (15) [35]
Legal positivism, most prominently associated with thinkers like John Austin and H.L.A. Hart,
posits that law is a set of rules and norms created by human beings and that its validity is not
dependent on its moral content. According to legal positivists, the existence and content of law
are determined by social facts and not by its alignment with moral principles. This school of
thought separates law from morality, arguing that laws are valid if they are enacted by the proper
authority following the correct procedures, irrespective of their moral implications.
Key Points of Legal Positivism:
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