Exam (elaborations)
LJU4801 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024- DUE 3 September 2024
- Course
- LJU4801
- Institution
- University Of South Africa
LJU4801 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024- DUE 3 September 2024
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By: jonekruger98 • 4 days ago
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L, JU4801 Assignment 2 (COMPLETE ANSWERS) Semester 2 202
4 - DUE 3 September 2024 ; 100% TRU
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.
In Prince v President of the Law Society of the Cape of Good Hope 2002 (2) SA 794,
the case primarily revolves around the conflict between the applicant's religious
beliefs and the professional requirements of the legal profession.
Philosophical Approaches:
Majority Decision: The majority decision in this case, authored by Justice
Langa, embraced a liberal and pragmatic approach. It focused on balancing
individual rights with societal interests, particularly emphasizing the
importance of upholding professional standards and ensuring that these
standards align with constitutional values. The majority was concerned with
the practical implications of allowing religious exemptions in professional
contexts, highlighting the need to maintain the integrity and uniformity of
legal practices.
Minority Decision: The minority, led by Justice O’Regan, adopted a more
rights-oriented and individualistic approach. It emphasized the
constitutional protection of freedom of religion and conscience, arguing
that these freedoms should be given precedence over professional rules
that might infringe upon personal beliefs. The minority's view was that the
applicant's right to religious freedom was crucial and should be
accommodated within the legal profession.
Mary Joe Frug's Argument:
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