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LJU4801 ASSIGNMENT 2 SEMESTER 1 2026
DUE DATE APRIL 2026
TOTAL MARKS 100
UNISA LEGAL PHILOSOPHY
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SECTION A SHORT QUESTIONS
ANSWER ALL QUESTIONS IN THIS SECTION
MARKS 40
QUESTION 1
Define legal positivism and explain its two main tenets.
ANSWER
Legal positivism is the theory that law is a social construct separate from
morality.
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The first tenet is that law is posited by human beings through social facts
such as enactment or custom.
The second tenet is that there is no necessary connection between law
and morality meaning a rule can be legally valid even if it is morally
unjust.
QUESTION 2
What does natural law theory claim about the relationship between law
and justice?
ANSWER
Natural law theory claims that law must conform to universal moral
principles to be valid.
An unjust law is not true law because justice is inherent in the very
concept of law.
Human made law derives its authority from a higher moral order
discoverable by reason.
QUESTION 3
Briefly explain the difference between critical legal studies and feminist
legal theory.
ANSWER
Critical legal studies argues that law is not neutral but serves the
interests of the powerful and maintains social hierarchies.
Feminist legal theory focuses specifically on how law perpetuates
patriarchy and gender based oppression.
LJU4801 ASSIGNMENT 2 SEMESTER 1 2026
DUE DATE APRIL 2026
TOTAL MARKS 100
UNISA LEGAL PHILOSOPHY
---
SECTION A SHORT QUESTIONS
ANSWER ALL QUESTIONS IN THIS SECTION
MARKS 40
QUESTION 1
Define legal positivism and explain its two main tenets.
ANSWER
Legal positivism is the theory that law is a social construct separate from
morality.
, 2|Page
The first tenet is that law is posited by human beings through social facts
such as enactment or custom.
The second tenet is that there is no necessary connection between law
and morality meaning a rule can be legally valid even if it is morally
unjust.
QUESTION 2
What does natural law theory claim about the relationship between law
and justice?
ANSWER
Natural law theory claims that law must conform to universal moral
principles to be valid.
An unjust law is not true law because justice is inherent in the very
concept of law.
Human made law derives its authority from a higher moral order
discoverable by reason.
QUESTION 3
Briefly explain the difference between critical legal studies and feminist
legal theory.
ANSWER
Critical legal studies argues that law is not neutral but serves the
interests of the powerful and maintains social hierarchies.
Feminist legal theory focuses specifically on how law perpetuates
patriarchy and gender based oppression.
