LJU4801 Legal Philosophy Advanced Prep:
Master Jurisprudential Schools &
Constitutional Interpretation Practice
Questions & Detailed Explanations
Subject: LJU4801 – Jurisprudence, Legal Theory, and Constitutional Values
Question 1: In the context of South African constitutional jurisprudence, how does Ronald
Dworkin’s theory of "law as integrity" challenge the positivist notion of judicial discretion in
"hard cases"?
A) Dworkin argues that judges have absolute discretion to legislate from the bench when the law
is silent.
B) Dworkin posits that even in hard cases, there is a "right answer" derived from the coherent
application of underlying legal principles and past political morality, rather than mere policy-
making.
C) Dworkin suggests that law is purely a matter of social fact, and judges should ignore moral
principles to maintain state sovereignty.
D) Dworkin claims that the constitution is a closed system that renders judicial interpretation
unnecessary.
Correct Answer: B) Dworkin posits that even in hard cases, there is a "right answer"
derived from the coherent application of underlying legal principles and past political
morality, rather than mere policy-making.
Explanation: Dworkin rejects the positivist 'strong discretion' thesis (Hart). He argues that law
consists not just of rules, but also of principles that provide a principled justification for legal
outcomes, ensuring the law is interpreted as a coherent whole.
Question 2: Which core tenet of Legal Realism, as applied to the South African judiciary, most
directly critiques the formalist approach to legal interpretation?
A) The belief that judicial decisions are entirely determined by syllogistic logic derived from
statutes.
B) The assertion that legal outcomes are influenced by factors extrinsic to the law, such as the
judge's socio-economic background, political bias, and the factual specificities of the case.
, C) The insistence that precedent should always be followed, regardless of changing social
conditions.
D) The view that constitutional law is static and immune to human intervention.
Correct Answer: B) The assertion that legal outcomes are influenced by factors extrinsic to
the law, such as the judge's socio-economic background, political bias, and the factual
specificities of the case.
Explanation: Legal Realists argue that the law is not a formal, predictive science. By
highlighting the role of judicial discretion and personal belief, they challenge the notion that
legal decisions are purely products of logic.
Question 3: How does the South African Constitutional Court’s transformative constitutionalism
differ from the classical liberal conception of the rule of law?
A) Transformative constitutionalism seeks to maintain the status quo ante, whereas the rule of
law seeks radical change.
B) The classical liberal rule of law prioritizes negative liberty and procedural fairness;
transformative constitutionalism mandates substantive equality and active state intervention to
address historical structural inequality.
C) There is no difference; both concepts prioritize property rights above all else.
D) Transformative constitutionalism is purely theoretical, while the rule of law is purely
economic.
Correct Answer: B) The classical liberal rule of law prioritizes negative liberty and
procedural fairness; transformative constitutionalism mandates substantive equality and
active state intervention to address historical structural inequality.
Explanation: Transformative constitutionalism is a project of ongoing social and legal change. It
requires the law to actively dismantle the vestiges of apartheid, extending beyond the formal
equality favored by classical liberalism.
Question 4: Critically evaluate the Hart-Fuller debate regarding the "inner morality of law."
What is Lon Fuller’s primary argument against H.L.A. Hart’s positivism?
A) Law is merely the command of the sovereign, backed by a threat of sanction.
B) Law must possess internal procedural standards (the eight "ways to fail to make law") that
satisfy a minimal moral requirement to constitute a valid legal system.
C) There is no connection between law and morality in any society.
Master Jurisprudential Schools &
Constitutional Interpretation Practice
Questions & Detailed Explanations
Subject: LJU4801 – Jurisprudence, Legal Theory, and Constitutional Values
Question 1: In the context of South African constitutional jurisprudence, how does Ronald
Dworkin’s theory of "law as integrity" challenge the positivist notion of judicial discretion in
"hard cases"?
A) Dworkin argues that judges have absolute discretion to legislate from the bench when the law
is silent.
B) Dworkin posits that even in hard cases, there is a "right answer" derived from the coherent
application of underlying legal principles and past political morality, rather than mere policy-
making.
C) Dworkin suggests that law is purely a matter of social fact, and judges should ignore moral
principles to maintain state sovereignty.
D) Dworkin claims that the constitution is a closed system that renders judicial interpretation
unnecessary.
Correct Answer: B) Dworkin posits that even in hard cases, there is a "right answer"
derived from the coherent application of underlying legal principles and past political
morality, rather than mere policy-making.
Explanation: Dworkin rejects the positivist 'strong discretion' thesis (Hart). He argues that law
consists not just of rules, but also of principles that provide a principled justification for legal
outcomes, ensuring the law is interpreted as a coherent whole.
Question 2: Which core tenet of Legal Realism, as applied to the South African judiciary, most
directly critiques the formalist approach to legal interpretation?
A) The belief that judicial decisions are entirely determined by syllogistic logic derived from
statutes.
B) The assertion that legal outcomes are influenced by factors extrinsic to the law, such as the
judge's socio-economic background, political bias, and the factual specificities of the case.
, C) The insistence that precedent should always be followed, regardless of changing social
conditions.
D) The view that constitutional law is static and immune to human intervention.
Correct Answer: B) The assertion that legal outcomes are influenced by factors extrinsic to
the law, such as the judge's socio-economic background, political bias, and the factual
specificities of the case.
Explanation: Legal Realists argue that the law is not a formal, predictive science. By
highlighting the role of judicial discretion and personal belief, they challenge the notion that
legal decisions are purely products of logic.
Question 3: How does the South African Constitutional Court’s transformative constitutionalism
differ from the classical liberal conception of the rule of law?
A) Transformative constitutionalism seeks to maintain the status quo ante, whereas the rule of
law seeks radical change.
B) The classical liberal rule of law prioritizes negative liberty and procedural fairness;
transformative constitutionalism mandates substantive equality and active state intervention to
address historical structural inequality.
C) There is no difference; both concepts prioritize property rights above all else.
D) Transformative constitutionalism is purely theoretical, while the rule of law is purely
economic.
Correct Answer: B) The classical liberal rule of law prioritizes negative liberty and
procedural fairness; transformative constitutionalism mandates substantive equality and
active state intervention to address historical structural inequality.
Explanation: Transformative constitutionalism is a project of ongoing social and legal change. It
requires the law to actively dismantle the vestiges of apartheid, extending beyond the formal
equality favored by classical liberalism.
Question 4: Critically evaluate the Hart-Fuller debate regarding the "inner morality of law."
What is Lon Fuller’s primary argument against H.L.A. Hart’s positivism?
A) Law is merely the command of the sovereign, backed by a threat of sanction.
B) Law must possess internal procedural standards (the eight "ways to fail to make law") that
satisfy a minimal moral requirement to constitute a valid legal system.
C) There is no connection between law and morality in any society.
