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Exam Date: 3 Nov. 2023
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LJU4801 May 2023 Exam Portfolio
1. Read and understand the question: Begin by carefully reading the question prompt to grasp
its requirements. Identify the key elements that need to be addressed, such as the relationship
between law and morality as viewed by legal positivists and natural-law philosophers.
2. Familiarize yourself with the article: Go through the newspaper article written by Nico De
Jager titled "Pride is a heavy price to pay." Pay attention to the relevant sections mentioned in the
, question, particularly those related to the discrimination faced by LGBTQIA+ individuals in South
Africa.
3. Define key terms: Clarify any terms or concepts mentioned in the question that may require
definition or explanation. For example, provide brief definitions of legal positivism and natural law
to establish a common understanding of these philosophical perspectives.
4. Research legal positivism and natural law: Conduct further research on legal positivism and
natural law to gain a deeper understanding of their respective viewpoints on the relationship
between law and morality. Consider consulting reputable sources such as philosophical texts,
academic articles, or scholarly journals.
5. Organize your response: Structure your response in a logical and coherent manner. An
effective approach may include the following sections:
a. Introduction: Provide a brief introduction that sets the context for the discussion. Summarize
the article's key points regarding the discrimination faced by LGBTQIA+ individuals in South
Africa.
b. Legal Positivism: Explain the core tenets of legal positivism and how it views the
relationship between law and morality. Discuss how legal positivists prioritize the formal validity of
laws and argue that morality is not inherent to the law. Explore how this perspective might shape
the response to the critics who view homosexuality as immoral.
c. Natural Law: Present the fundamental principles of natural law and its perspective on the
relationship between law and morality. Describe how natural-law philosophers believe that morality
is an essential component of law and that unjust laws should be resisted. Discuss how this
viewpoint might contribute to the understanding of LGBTQIA+ rights in South Africa.
d. Comparison and contrast: Compare and contrast the viewpoints of legal positivism and
natural law, highlighting their differences in understanding the relationship between law and
morality. Analyze how these different perspectives might influence the legal treatment of
LGBTQIA+ rights and the critics' viewpoints.
e. Conclusion: Summarize the main points discussed in your response and provide a
concluding statement. Reflect on the significance of the debate between legal positivism and
natural law in shaping societal attitudes and the legal protection of LGBTQIA+ individuals.
6. Support your arguments: Use evidence, examples, and references to support your
arguments throughout the response. Refer to relevant laws, court cases, or philosophical texts to
substantiate your claims. Cite your sources appropriately, following the required citation style.
7. Revise and edit: After completing the initial draft of your response, review it for clarity,
coherence, and grammar. Make necessary revisions to ensure your arguments are well-articulated
and effectively convey your understanding of the topic.
Remember to approach the question with a critical mindset and provide a balanced analysis of
legal positivism and natural law. Use your own words and demonstrate your understanding of the
subject matter.
LJU4801: LEGAL PHILOSOPHY
ASSIGNMENT 03 (PORTFOLIO)
UNIQUE NUMBER: 674632
(59523336)
Submitted in partial fulfilment of the requirements for the LLB degree
BACHELOR OF LAWS (LLB)
In the
SCHOOLOFLAW
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