Exam (elaborations)
ECS1601 Assignment 2 Due 30 July 2024
- Institution
- University Of Cape Town (UCT)
ECS1601 Assignment 2 Due 30 July 2024 (Recovered 1)
[Show more]
Content preview
LJU4801PORTFOLIO (MAY JUNE)
DUE DATE: 22 MAY 2024
,Question 1
Read the following article and then answer the questions below:
In the newspaper article written by Nico De Jager titled “Pride is a Heavy Price to
Pay”, 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,
A sexual 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.”
1.1 Despite the rights of LGBTQIA+ 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.
The debate over the relationship between law and morality has been a central issue
in legal philosophy for centuries. This discussion gains particular relevance in
contexts like South Africa, where despite constitutional and legislative protections for
LGBTQIA+ rights, societal attitudes and moral judgments often lead to victimization
and discrimination. To understand how legal systems can both protect rights and
struggle with moral acceptance, it's useful to examine the perspectives of legal
positivists and natural-law philosophers on the relationship between law and morality.
Legal Positivism
Legal positivism is a school of thought that emphasizes the separation of law and
morality. Legal positivists argue that law is a set of rules and principles created by
social institutions and authorities, which are valid irrespective of their moral content.
, This means that a law is considered valid as long as it is enacted through the
appropriate legal process, regardless of its moral implications.3
In the context of discrimination against LGBTQIA+ individuals in South Africa, legal
positivism would suggest that the laws protecting the rights of LGBTQIA+ individuals
should be upheld and enforced, regardless of the moral objections or societal attitudes
towards homosexuality.4 From a legal positivist perspective, the focus would be on the
formal legal status of laws rather than their moral implications.
Legal positivism also highlights the importance of legal principles and procedures,
emphasizing the need for consistency and predictability in the application of law. This
1
Kroeze IJ Legal Philosophy Only study guide for LJU4801, 2020 Muckleneuk, Pretoria, PG 61
2
Kroeze IJ Legal Philosophy Only study guide for LJU4801, 2020 Muckleneuk, Pretoria, PG 77 - 79
3
Kroeze IJ Legal Philosophy Only study guide for LJU4801, 2020 Muckleneuk, Pretoria, PG 78
4
Tsele M, Rights and religion; bias and beliefs: Can a judge speak God? (Journal for Juridical Science 2018) 10
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Wellfocus. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R50,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
67474 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now