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LJU4801 PORTFOLIO MAY JUNE Semester 1 2024 - DUE 22 May 2024
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LJU4801 PORTFOLIO MAY JUNE Semester 1 2024 - DUE 22 May 2024 COMPLETE ANSWERS
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LJU4801 PORTFOLIOMAY JUNE Semester 1
2024 - DUE 22 May 2024
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, LJU4801 PORTFOLIO MAY JUNE Semester 1 2024 -
DUE 22 May 2024
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]
1.1 Law and Morality: Positivist vs. Natural Law Views
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