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LJU4801
LEGAL PHILOSOPY
Assignment 1 MEMO
Semester 1 2022
Unique number: - 666563
Includes Footnotes and/or Bibliography
DOCUMENT PREVIEW
ASSIGNMENT 01
UNIQUE NUMBER: 666563
DUE DATE: 24 March 2022
For this assignment, you need to read the following article and answer the questions. The article can be
found under Prescribed reading folder. Tsele M “Rights and religion; bias and beliefs: Can a judge speak
God?” (2018) 43 (1) Journal for Juridical Sciences 1 – 25.
1. Give a concise summary of the author's viewpoint. Make sure you concentrate on legal philosophy and
not so much legislation. (Max word count 200.) (5)
2. What theory of interpretation that you have studied is addressed in the article? Why do you say this?
You need to identify the theory you have studied that is most closely associated with the author's
viewpoint. (Max word count 500.) (10)
3. Give your own, philosophical response to the author's viewpoint. Make sure you address all the
author's arguments. (Max word count 200.) (5) Please note that some of the marks will be allocated for
adhering to the formal requirements and the referencing requirements. TOTAL FOR ASSIGNMENT 01: [20]
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any
representations or warranties, express or implied. This document is to be used for comparison, research and reference
purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means without
prior written permission from the Author. – LLB EXAMPACKS & TUTORIALS.
PAST PAPERS & MEMOS, ASSIGNMENT MEMOS, NOTES, SUMMARIES & TUITONS.
Cell: 084 591 8661 Email:
Fax: 086 096 5452 www.llbexampacksandtutorials.co.za
, ASSIGNMENT 01 UNIQUE NUMBER: 666563 DUE DATE: 24 March 2022
For this assignment, you need to read the following article and answer the
questions. The article can be found under Prescribed reading folder.
Tsele M “Rights and religion; bias and beliefs: Can a judge speak God?” (2018) 43
(1) Journal for Juridical Sciences 1 – 25.
1. Give a concise summary of the author's viewpoint. Make sure you
concentrate on legal philosophy and not so much legislation. (Max word
count 200.) (5)
Tsele deliberates the relationship and apparent tension between a Judge’s duty to apply
the law in a fair and impartial manner and his or her own personal right to freedom of
religion, and the extent to which those religious views might influence a Judge in the
adjudication of disputes.1
According to Tsele, ‘this dictum illustrates that the limitation to Judges expressing their
social views is narrowly interpreted and will, in most instances, be limited to situations
that involve the adjudication of cases’.2
Certainly, what should be clear on a conspectus of all of the above is that a Judge is a
citizen, entitled to hold religious views and entitled to freely express him or herself so long
as it does not compromise the discharge of his or her judicial duties.
1
Tsele M “Rights and religion; bias and beliefs: Can a judge speak God?” (2018) 43 (1) Journal for Juridical Sciences
1- 25.
2
Tsele M “Rights and religion; bias and beliefs: Can a judge speak God?” (2018) 43 (1) Journal for Juridical Sciences
page 9.
SELLING” memos for the year 2021.
LJU4801
LEGAL PHILOSOPY
Assignment 1 MEMO
Semester 1 2022
Unique number: - 666563
Includes Footnotes and/or Bibliography
DOCUMENT PREVIEW
ASSIGNMENT 01
UNIQUE NUMBER: 666563
DUE DATE: 24 March 2022
For this assignment, you need to read the following article and answer the questions. The article can be
found under Prescribed reading folder. Tsele M “Rights and religion; bias and beliefs: Can a judge speak
God?” (2018) 43 (1) Journal for Juridical Sciences 1 – 25.
1. Give a concise summary of the author's viewpoint. Make sure you concentrate on legal philosophy and
not so much legislation. (Max word count 200.) (5)
2. What theory of interpretation that you have studied is addressed in the article? Why do you say this?
You need to identify the theory you have studied that is most closely associated with the author's
viewpoint. (Max word count 500.) (10)
3. Give your own, philosophical response to the author's viewpoint. Make sure you address all the
author's arguments. (Max word count 200.) (5) Please note that some of the marks will be allocated for
adhering to the formal requirements and the referencing requirements. TOTAL FOR ASSIGNMENT 01: [20]
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any
representations or warranties, express or implied. This document is to be used for comparison, research and reference
purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means without
prior written permission from the Author. – LLB EXAMPACKS & TUTORIALS.
PAST PAPERS & MEMOS, ASSIGNMENT MEMOS, NOTES, SUMMARIES & TUITONS.
Cell: 084 591 8661 Email:
Fax: 086 096 5452 www.llbexampacksandtutorials.co.za
, ASSIGNMENT 01 UNIQUE NUMBER: 666563 DUE DATE: 24 March 2022
For this assignment, you need to read the following article and answer the
questions. The article can be found under Prescribed reading folder.
Tsele M “Rights and religion; bias and beliefs: Can a judge speak God?” (2018) 43
(1) Journal for Juridical Sciences 1 – 25.
1. Give a concise summary of the author's viewpoint. Make sure you
concentrate on legal philosophy and not so much legislation. (Max word
count 200.) (5)
Tsele deliberates the relationship and apparent tension between a Judge’s duty to apply
the law in a fair and impartial manner and his or her own personal right to freedom of
religion, and the extent to which those religious views might influence a Judge in the
adjudication of disputes.1
According to Tsele, ‘this dictum illustrates that the limitation to Judges expressing their
social views is narrowly interpreted and will, in most instances, be limited to situations
that involve the adjudication of cases’.2
Certainly, what should be clear on a conspectus of all of the above is that a Judge is a
citizen, entitled to hold religious views and entitled to freely express him or herself so long
as it does not compromise the discharge of his or her judicial duties.
1
Tsele M “Rights and religion; bias and beliefs: Can a judge speak God?” (2018) 43 (1) Journal for Juridical Sciences
1- 25.
2
Tsele M “Rights and religion; bias and beliefs: Can a judge speak God?” (2018) 43 (1) Journal for Juridical Sciences
page 9.
