LJU4801 May/June Portfolio Semester 1 –
2025 Edition | 20 Questions with Verified
Answers | A+ Grade Guaranteed
Question 1
What is the core principle of legal positivism?
A: Law is inherently moral
B: Law’s validity is independent of morality
C: Law is based on divine will
D: Law reflects communal values only
Correct Answer: B
Explanation: Legal positivism, as discussed in Kroeze’s Legal Philosophy (p. 77), holds that a
law’s validity depends on its creation by a competent authority following established procedures,
not its moral content. This contrasts with natural law’s emphasis on morality.
Question 2
How does natural law view the relationship between law and morality?
A: They are entirely separate
B: Law must align with universal moral principles
C: Law is based on social contracts only
D: Morality is irrelevant to law
Correct Answer: B
Explanation: Natural law, as per Kroeze (p. 49), posits that law must reflect universal moral
principles, often derived from reason or divine will, unlike legal positivism’s separation of law
and morality.
Question 3
In S v Tshabalala [2020] ZACC 12, how did the court apply feminist legal theory?
A: Ignored gender issues
B: Extended common purpose to address patriarchal elements in rape cases
C: Focused on legal positivism
D: Rejected constitutional principles
Correct Answer: B
Explanation: The Constitutional Court extended the common purpose doctrine to hold all
participants in a rape scene liable, using feminist legal theory to address patriarchal biases in
criminal law, as noted in Matlala’s analysis.
Question 4
, What is Ubuntu in the context of African legal philosophy?
A: A capitalist economic theory
B: A philosophy of humaneness and interconnectedness
C: A form of legal positivism
D: A rejection of communal values
Correct Answer: B
Explanation: Ubuntu, as discussed in Kamga (2018), emphasizes humaneness,
interconnectedness, and communalism, shaping South African jurisprudence, as seen in S v
Makwanyane.
Question 5
What was the key issue in Ramuhovhi v President [2018] ZACC 41?
A: Defamation laws
B: Constitutionality of customary marriage laws
C: Unlawful detention
D: Corporate liability
Correct Answer: B
Explanation: The case addressed the constitutionality of section 7(1) of the Recognition of
Customary Marriages Act, focusing on discrimination in inheritance rights, aligning with
equality principles.
Question 6
How does critical legal studies view socio-economic hierarchies?
A: They are natural and just
B: They are fictional and oppressive
C: They are irrelevant to law
D: They are morally grounded
Correct Answer: B
Explanation: Critical legal scholars argue that socio-economic hierarchies are constructed and
oppressive, exposing their legal basis as fictional, as per Kroeze (p. 175).
Question 7
What is a key critique of legal positivism by natural law theorists?
A: It includes too much morality
B: It separates law from moral values
C: It ignores statutory law
D: It overemphasizes judicial discretion
Correct Answer: B
Explanation: Natural law theorists criticize legal positivism for separating law from morality,
arguing that valid law must align with ethical principles, per Kroeze (p. 50).
2025 Edition | 20 Questions with Verified
Answers | A+ Grade Guaranteed
Question 1
What is the core principle of legal positivism?
A: Law is inherently moral
B: Law’s validity is independent of morality
C: Law is based on divine will
D: Law reflects communal values only
Correct Answer: B
Explanation: Legal positivism, as discussed in Kroeze’s Legal Philosophy (p. 77), holds that a
law’s validity depends on its creation by a competent authority following established procedures,
not its moral content. This contrasts with natural law’s emphasis on morality.
Question 2
How does natural law view the relationship between law and morality?
A: They are entirely separate
B: Law must align with universal moral principles
C: Law is based on social contracts only
D: Morality is irrelevant to law
Correct Answer: B
Explanation: Natural law, as per Kroeze (p. 49), posits that law must reflect universal moral
principles, often derived from reason or divine will, unlike legal positivism’s separation of law
and morality.
Question 3
In S v Tshabalala [2020] ZACC 12, how did the court apply feminist legal theory?
A: Ignored gender issues
B: Extended common purpose to address patriarchal elements in rape cases
C: Focused on legal positivism
D: Rejected constitutional principles
Correct Answer: B
Explanation: The Constitutional Court extended the common purpose doctrine to hold all
participants in a rape scene liable, using feminist legal theory to address patriarchal biases in
criminal law, as noted in Matlala’s analysis.
Question 4
, What is Ubuntu in the context of African legal philosophy?
A: A capitalist economic theory
B: A philosophy of humaneness and interconnectedness
C: A form of legal positivism
D: A rejection of communal values
Correct Answer: B
Explanation: Ubuntu, as discussed in Kamga (2018), emphasizes humaneness,
interconnectedness, and communalism, shaping South African jurisprudence, as seen in S v
Makwanyane.
Question 5
What was the key issue in Ramuhovhi v President [2018] ZACC 41?
A: Defamation laws
B: Constitutionality of customary marriage laws
C: Unlawful detention
D: Corporate liability
Correct Answer: B
Explanation: The case addressed the constitutionality of section 7(1) of the Recognition of
Customary Marriages Act, focusing on discrimination in inheritance rights, aligning with
equality principles.
Question 6
How does critical legal studies view socio-economic hierarchies?
A: They are natural and just
B: They are fictional and oppressive
C: They are irrelevant to law
D: They are morally grounded
Correct Answer: B
Explanation: Critical legal scholars argue that socio-economic hierarchies are constructed and
oppressive, exposing their legal basis as fictional, as per Kroeze (p. 175).
Question 7
What is a key critique of legal positivism by natural law theorists?
A: It includes too much morality
B: It separates law from moral values
C: It ignores statutory law
D: It overemphasizes judicial discretion
Correct Answer: B
Explanation: Natural law theorists criticize legal positivism for separating law from morality,
arguing that valid law must align with ethical principles, per Kroeze (p. 50).
