Exam (elaborations)

LJU4801 PORTFOLIO ANSWERS DUE 22 MAY 2024. This document contains well answered and unique answers that will help you score a very good mark, contact 0/6/7/1/1/8/9/0/5/9 for assignment and exam assistance.

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Course
LJU4801 (LJU4801)

Institution
University Of South Africa (Unisa)

LJU4801 PORTFOLIO ANSWERS DUE 22 MAY 2024 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 leg...

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lju4801 portfolio answer 22 may 2024

Institution
University of South Africa (Unisa)
Course
LJU4801 (LJU4801)

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QUESTION 1

1.1.

The brutal discrimination against LGBTQIA+ individuals in South Africa, despite legal
protections, raises critical questions about the relationship between law and morality,
a persistent debate in legal philosophy. This discourse is particularly relevant in
understanding how laws intended to protect can often be undermined by prevailing
societal attitudes. LGBTQIA+ stands for lesbian, gay, bisexual, transgender, queer
intersex asexual plus, and it refers to a wide range of sexual orientations and gender
identities. Legal positivists and natural law philosophers provide contrasting views on
how law and morality intersect.1This essay will address the way these two
philosophical traditions see the connection between law and morality, especially in
relation to LGBTQIA+ rights in South Africa.

Natural law philosophy asserts that there is a universal set of morally grounded laws
that exist independently of human-made laws. 2These laws serve as a basis for
judging human laws, and those that align with these moral principles are considered
just and valid, while those that deviate are considered unjust. 3According to natural
law philosophy, laws that are in line with these inherent moral principles are
considered just and valid, while those that deviate from them are unjust. 4

In the specific context of discrimination and violence against LGBTQIA+ individuals
in South Africa, the application of natural law philosophy would entail the view that
the oppression and persecution of individuals based on their sexual orientation is
inherently immoral because it violates the moral values of equality, human dignity,
and human rights. From a moral standpoint such actions would be deemed immoral
and thus also illegal and invalid from a legal point of view. Thus, natural law
philosophy would argue that the rights and dignity of LGBTQIA+ people should be
recognized in law and society because they are universally good and equal to
everyone. It would posit that laws and prevailing cultural beliefs need to conform to
these moral truths for them to be just and binding.
1
IJ Kroeze, Legal Philosophy Only Study Guide for LJU4801 (Muckleneuk, Pretoria 2020) 61.
2
Kroeze, Legal Philosophy Only Study guide, 61.
3
Kroeze, Legal Philosophy Only study guide, 63.
4
Kroeze, Legal Philosophy Only study guide, 63.

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Exam (elaborations)

LJU4801 PORTFOLIO ANSWERS DUE 22 MAY 2024. This document contains well answered and unique answers that will help you score a very good mark, contact 0/6/7/1/1/8/9/0/5/9 for assignment and exam assistance.

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