⋆ § ⋆
LJU4801: LEGAL PHILOSOPHY
Comprehensive Exam Revision Guide
May/June 2025 & May/June 2024
⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆
School of Law – Jurisprudence
Exam Revision Guide
LJU4801
Module Code:
Legal Philosophy
Module Name:
May/June 2025 & May/June 2024
Papers Covered:
Adv RB Mokomane
Examiner:
100 marks per paper
Total Marks:
Understand the philosophy, apply it confidently.
All questions answered. Probable exam predictions included.
Exam Revision Notes | LJU4801 | 2025
,LJU4801 | Exam Revision Legal Philosophy – UNISA
PART A: MAY/JUNE 2025 EXAMINATION
Portfolio Exam — 100 Marks
Key Concept
Context for 2025 Paper: This portfolio exam centres on the criminalisation of pros-
titution in South Africa under the Sexual Offences Act 23 of 1957. Students must
identify and discuss the two philosophical approaches – Natural Law Theory and Legal
Positivism – that underpin divergent views on why conduct is prohibited in law.
Page 2 of 22
, LJU4801 | Exam Revision Legal Philosophy – UNISA
QUESTION 1 – [50 marks]
Scenario:
In South Africa, prostitution constitutes a crime in terms of the Sexual Offences Act
23 of 1957. There are divergent views on the rationale behind the criminalisation of
prostitution. Some attribute the non-recognition of prostitution to the immorality of the
conduct, while others are of the opinion that the law has nothing to do with the morality
or immorality of the prohibited conduct.
1.1 – [25 marks]
Question: Identify and discuss the two philosophical approaches being used here. Your
answer should not exceed 750 words.
Answer:
Key Concept
The scenario presents two opposing legal philosophical schools: Natural Law
Theory (law is inseparable from morality) and Legal Positivism (law is sepa-
rate from morality).
Natural Law Theory
Natural Law theory holds that there is an inherent and necessary connection between
law and morality. According to this view, a rule only qualifies as valid law if it conforms
to some higher moral or divine standard. The roots of Natural Law stretch from Aristo-
tle through Aquinas, who argued that human-made law (lex humana) must derive from
eternal law (lex aeterna) and natural law (lex naturalis). For Aquinas, an unjust law is
no law at all – it lacks the moral force that legitimate law must carry.
Applied to the scenario, the view that prostitution is criminalised because it is immoral
directly reflects natural law reasoning. Those who hold this position argue that:
• Prostitution offends basic moral norms derived from human nature and dignity.
• The law must reflect and enforce community morality – law cannot be divorced from
the ethical values that bind society together.
• Laws that do not conform to natural morality are void of true legal authority.
Natural law thinkers do not treat law as a neutral technical instrument; they insist that
Page 3 of 22
LJU4801: LEGAL PHILOSOPHY
Comprehensive Exam Revision Guide
May/June 2025 & May/June 2024
⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆
School of Law – Jurisprudence
Exam Revision Guide
LJU4801
Module Code:
Legal Philosophy
Module Name:
May/June 2025 & May/June 2024
Papers Covered:
Adv RB Mokomane
Examiner:
100 marks per paper
Total Marks:
Understand the philosophy, apply it confidently.
All questions answered. Probable exam predictions included.
Exam Revision Notes | LJU4801 | 2025
,LJU4801 | Exam Revision Legal Philosophy – UNISA
PART A: MAY/JUNE 2025 EXAMINATION
Portfolio Exam — 100 Marks
Key Concept
Context for 2025 Paper: This portfolio exam centres on the criminalisation of pros-
titution in South Africa under the Sexual Offences Act 23 of 1957. Students must
identify and discuss the two philosophical approaches – Natural Law Theory and Legal
Positivism – that underpin divergent views on why conduct is prohibited in law.
Page 2 of 22
, LJU4801 | Exam Revision Legal Philosophy – UNISA
QUESTION 1 – [50 marks]
Scenario:
In South Africa, prostitution constitutes a crime in terms of the Sexual Offences Act
23 of 1957. There are divergent views on the rationale behind the criminalisation of
prostitution. Some attribute the non-recognition of prostitution to the immorality of the
conduct, while others are of the opinion that the law has nothing to do with the morality
or immorality of the prohibited conduct.
1.1 – [25 marks]
Question: Identify and discuss the two philosophical approaches being used here. Your
answer should not exceed 750 words.
Answer:
Key Concept
The scenario presents two opposing legal philosophical schools: Natural Law
Theory (law is inseparable from morality) and Legal Positivism (law is sepa-
rate from morality).
Natural Law Theory
Natural Law theory holds that there is an inherent and necessary connection between
law and morality. According to this view, a rule only qualifies as valid law if it conforms
to some higher moral or divine standard. The roots of Natural Law stretch from Aristo-
tle through Aquinas, who argued that human-made law (lex humana) must derive from
eternal law (lex aeterna) and natural law (lex naturalis). For Aquinas, an unjust law is
no law at all – it lacks the moral force that legitimate law must carry.
Applied to the scenario, the view that prostitution is criminalised because it is immoral
directly reflects natural law reasoning. Those who hold this position argue that:
• Prostitution offends basic moral norms derived from human nature and dignity.
• The law must reflect and enforce community morality – law cannot be divorced from
the ethical values that bind society together.
• Laws that do not conform to natural morality are void of true legal authority.
Natural law thinkers do not treat law as a neutral technical instrument; they insist that
Page 3 of 22
