LJU4801
ASSIGNMENT 02
SEMESTER - 2
DUE DATE:
2024
"Elevate Your Excellence: Where Distinction Meets Assurance in Every Assignment!"
, LJU4801 ASSESSMENT 2 SEMESTER 2 – 2024
UNIQUE NUMBER:
DUE DATE:
© LJU4801 1
, QUESTIONS.
1. With reference to the judgment in Prince v President of the Law Society of the Cape of
Good Hope 2002 (2) SA 794, discuss the philosophical approaches the majority and
minority decisions followed. Your answer should not exceed 750 words. (15)
Basic Facts Of The Case:
In the Prince case 1 the question of freedom of religion was raised. The applicant applied to the
Law Society to have his contract for community service registered. In this application he not
only disclosed two previous convictions for possession of cannabis (marijuana or dagga), but
also indicated his intention to continue using it for religious purposes. The Law Society took the
view that his criminal record disqualified him on the grounds that he is not a "fit and proper
person" and refused to register the contract.
Therefore, on the one hand we have Radical Legal Realism with its emphasis on the Political
Context and the role of power. They wanted to do away with formalism and replace it with a
Contextual Approach.
On the other hand, the Progressive Legal Realists used a Pragmatic Approach to replace the
formalism with the idea of law as a social science based on indeterminacy.
1
Prince v President of the Law Society of the Cape of Good Hope 2002 (2) SA 794
© LJU4801 2
ASSIGNMENT 02
SEMESTER - 2
DUE DATE:
2024
"Elevate Your Excellence: Where Distinction Meets Assurance in Every Assignment!"
, LJU4801 ASSESSMENT 2 SEMESTER 2 – 2024
UNIQUE NUMBER:
DUE DATE:
© LJU4801 1
, QUESTIONS.
1. With reference to the judgment in Prince v President of the Law Society of the Cape of
Good Hope 2002 (2) SA 794, discuss the philosophical approaches the majority and
minority decisions followed. Your answer should not exceed 750 words. (15)
Basic Facts Of The Case:
In the Prince case 1 the question of freedom of religion was raised. The applicant applied to the
Law Society to have his contract for community service registered. In this application he not
only disclosed two previous convictions for possession of cannabis (marijuana or dagga), but
also indicated his intention to continue using it for religious purposes. The Law Society took the
view that his criminal record disqualified him on the grounds that he is not a "fit and proper
person" and refused to register the contract.
Therefore, on the one hand we have Radical Legal Realism with its emphasis on the Political
Context and the role of power. They wanted to do away with formalism and replace it with a
Contextual Approach.
On the other hand, the Progressive Legal Realists used a Pragmatic Approach to replace the
formalism with the idea of law as a social science based on indeterminacy.
1
Prince v President of the Law Society of the Cape of Good Hope 2002 (2) SA 794
© LJU4801 2
