LJU4801 Assignment 2
(COMPLETE
ANSWERS) Semester 2
2024 - DUE 3
September 2024 ;
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ADMIN
[COMPANY NAME]
, When answering questions, students are expected to make use of
the study guide as well as any other relevant source to the
question. The study guide must be referenced like any other
sourceWith reference to the judgment in Prince v President of the
Law Society of the Cape of Good Hope 2002 (2) SA 794, discuss
the philosophical approaches the majority and minority decisions
followed. Mary Joe Frug argues that the law “encodes” the female
body with meaning. Briefly discuss how the law mandates the
sexualisation of the female body. Your answer should not exceed
250 words.
Philosophical Approaches in Prince v President of the Law
Society of the Cape of Good Hope
In Prince v President of the Law Society of the Cape of Good
Hope (2002 (2) SA 794), the majority and minority judgments
reflected distinct philosophical approaches. The majority, led by
Justice Langa, adopted a rights-based approach emphasizing the
individual's constitutional rights, including freedom of religion.
This perspective prioritized the applicant's right to religious
expression and autonomy, viewing the case through the lens of
fundamental freedoms as protected by the South African
Constitution.
In contrast, the minority judgment, represented by Justice
O'Regan, focused on the impact of the applicant's actions on
public order and the legal profession's standards. This approach
was more concerned with the practical implications of
accommodating the applicant's religious practices, weighing the