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LJU4801
Legal philosophy
PORTFOLIO MEMO
SEMESTER 1 – 2024 - UNISA
UNIQUE NUMBER: - 773185
DUE DATE: - 17 - 22 MAY 2024 @ 20:00
Includes detailed Footnotes and/or Bibliography.
PORTFOLIO PREVIEW
QUESTION 1
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.”
Questions continues…….
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, Question 1
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.”
Read the following article and then answer the questions set out below:
1.1 Despite the rights of LGBTQI+ 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)
Legal positivists and natural-law philosophers have differing views on the relationship
between law and morality.1 Legal positivists hold that law and morality are separate and
distinct domains, while natural-law philosophers believe that law and morality are
inseparable, with law deriving its legitimacy from moral principles.2
1 Kroeze IJ and Smith SR Study guide Legal Philosophy LJU4801 (Unisa Pretoria 2012).
2 Kroeze IJ and Smith SR Study guide Legal Philosophy LJU4801 (Unisa Pretoria 2012).
