LJU4801
PORTFOLIO Semester 1 2024
Detailed Solutions, References & Explanations
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Due Date: 22 May 2024
QUESTION 1
1.1.
The debate surrounding the relationship between law and morality has been a consistent
point of discussion in legal philosophy1. Legal positivists and natural law philosophers have
differing perspectives on this issue. In light of the discrimination and violence faced by
LGBTQIA+ individuals in South Africa, it is crucial to explore how these two philosophical
perspectives would interpret and address this situation.
Legal Positivism: View on Law and Morality
The philosophy of legal positivism, as it relates to law and morality, is a subject of ongoing
debate and discussion. Legal positivism is a theory that emphasizes the separation of law
and morality, focusing on the idea that the validity of a law is not dependent on its moral
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content. Instead, legal positivists argue that laws are created by human beings through
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