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LJU4801 Portfolio (QUALITY ANSWERS) Semester 2 2024

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  • Course
  • Legal Philosophy (LJU4801)
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  • University Of South Africa (Unisa)
  • Book
  • An Introduction to African Legal Philosophy

This document contains workings, explanations and solutions to the LJU4801 Portfolio (QUALITY ANSWERS) Semester 2 2024. For assistance whats-app us on 0.6.8..8.1.2..0.9.3.4... Question 1 Read the following scenario and then answer the question below: The football governing body is investigating M...

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  • October 25, 2024
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LJU4801
PORTFOLIO Semester 2 2024
Unique #:
Due Date: 30 October 2024


This document includes:

 Helpful answers and guidelines
 Detailed explanations and/ or calculations
 References




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, QUESTION 1

In this scenario, several key legal philosophical approaches can be applied to
analyze the ethical and legal implications of Mark Pachio's deliberate handball
during the quarter-final match between Shibobo FC and Maluti FC. By
examining these approaches—natural law, legal positivism, utilitarianism, and
virtue ethics—we can understand the differing perspectives on whether
Pachio’s actions constitute fair play or a breach of sporting integrity. Each of
these approaches offers unique insights into concepts like fairness,
intentionality, and the purpose of rules in sports. This analysis concludes by
arguing for the most appropriate approach in assessing the fairness and
ethical implications of Pachio's actions.



1. Natural Law Approach

The natural law perspective emphasizes that laws and rules should align with
moral principles derived from nature or universal reason, thus prioritizing
fairness and integrity. According to natural law theorists like Thomas Aquinas,
law is inherently tied to moral values, and actions that undermine fairness
contradict this natural moral order. In sports, the concept of fair play is
foundational; it reflects an expectation of honesty, respect, and adherence to
the spirit of the game. Pachio's handball, from this perspective, can be seen
as morally wrong because it violated the natural sense of fairness expected in
competitive sports.1

Natural law would view Pachio’s handball as an act that compromises the
game’s moral and ethical framework. While Shibobo FC might argue the act
was strategic, natural law would contend that it is morally unacceptable to
deliberately break the rules to gain an advantage, as this disrespects the
natural principles of equality and fairness essential in sports.2 Here, the
natural law approach implies that adherence to the rules is not merely a
technical requirement but a moral obligation to maintain the integrity of the
game.

1
Jeremy Bentham, An Introduction to the Principles of Morals and Legislation, PG 45 -62
2
Thomas Aquinas, Summa Theologica, (Benziger Bros., 1947).


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