LJU4801 Exam Portfolio Semester 2 2026 – Assignment 3 Due 20 October 2026

LJU4801 Exam Portfolio Semester 2 2026 – Assignment 3 Due 20 October 2026

Oct / Nov 2026
LJU4801

UNIVERSITY EXAMINATIONS

Oct/Nov 2026

LJU4801

Legal Philosophy

80 Marks
Duration 12 October 2026 – 19 October 2026

First examiner: Prof. J-H De Villiers
Second examiner: Ms. P Nyawo
External examiner: Dr. Y Jooste (University of Pretoria)

INSTRUCTIONS FOR A TAKE-HOME EXAM.
READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE YOU
ANSWER THE EXAMINATION QUESTIONS.

1. The portfolio examination consists of 9 pages and counts 80 marks.
2. It consists of 5 questions. Answer ALL of the questions.
3. The duration of the portfolio examination on the timetable is 12 October 2026
– 19 October 2026.
4. This is an open-book examination. You may consult your prescribed study
material during the examination. Proper footnote referencing must be used,
and principles of academic integrity must be adhered to. This entails that
every argument or idea taken from a source, or any piece of information
utilized from a source, needs to be provided with a separate footnote
reference. Please note that in-line referencing in the text may NOT be
used. PLEASE DO NOT COPY AND PASTE ANSWERS FROM ANY
SOURCE. You must make use of the Unisa School of Law referencing style.
Refer to Tutorial Letter 301 and Tutorial Letter 302 under the Official Study
Material tab on myUnisa. Do not make use of long quotations, rather rephrase
the arguments in your own words. Short quotations must appear in quotation
marks and be accompanied by a corresponding footnote reference.
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Unreferenced portfolio content will not be credited with marks. Your study
guide is your primary source of information and should be used
accordingly.
5. This portfolio must be submitted before 19 October 2026 at 10:00 (CAT).
Students have to submit this portfolio via myUnisa, therefore no e-mailed
portfolios will be accepted. No extensions will be granted. It is the
responsibility of the student to ensure that the file submitted is not corrupted
and can be opened for marking. No scanned portfolios may be submitted.
6. You must therefore submit this portfolio as Assessment 3 via myUnisa. When
you receive the portfolio, check whether your submission portal is
open/available and let your lecturers know immediately if your
submission portal is not open.
7. When ready to submit, reopen the Take-Home (Assignment) assessment
and click the Add Submission button.

7.2 Note the file requirements, such as:
a. File size limit.
b. Number of files that can be submitted.
c. File formats allowed.
7.3 Check the acknowledgement checkbox, upload your answers document, and
click the Save changes button.
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7.4 Review your submission information regarding the status and click on your
submission file link to check if it’s correct.

7.5
If you need to resubmit a file, click the Edit Submission button. Do not click
on the Remove submission button. Note: You must delete any existing files
by clicking on the file and then on delete.
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7.6 Use proper PDF conversion software to create the final file for upload. Free
PDF conversion software is available on the Internet.
7.7 Add your student number and the module code in the file name. That
will assist you in selecting the correct document to upload during
submission.
7.8 You are advised to preview your submission (answer script) to ensure
legibility and that the correct answer script file has been uploaded.
8. The cover page for your take-home exam must include your name,
student number and the module code.
9. Your take-home exam must be typed.
10. Your submission on the myUnisa platform must be made in one
PDF document. Only the last file uploaded and submitted will be marked.
10.1 The exam answer file you submit must not be password-protected or
uploaded as a “read-only” file.
10.2 Your examination answer file will not be marked if:
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10.2.1 you send your examination answer file via email.
10.2.2 you submit the incorrect examination answer file. A mark of 0% will be
awarded.
10.2.3 you submit your exam answer file on an unofficial examination.
10.2.4 you submit your examination answer file in the incorrect file format.
10.2.5 you submit a password-protected document.
10.2.6 you submit your examination answer file late.
10.2.7 you submit your answer file from a registered student account that is
not yours.
10.3 The mark awarded for an illegible examination answer file submission will be
your final mark. You will not be allowed to resubmit after the scheduled
closing date and time of the exam.
11. Ensure the following requirements are followed.
11.1 The text must be typed in Arial font, size 12, with single line spacing within
the paragraph, and double line spacing after the paragraph.
11.2 The text must be justified.
11.3 All of the pages must be numbered in the right-hand corner at the bottom of
the page.
11.4 All margins must be 2.5cm, but the left margin must be 3cm.
11.5 South African English, not American English, should be used. For example,
the correct spelling is “Labour” and not “Labor”.
11.6 Do not use abbreviations unless indicated otherwise. SMS language is
strictly prohibited
11.7 All quotes two lines long (or less) must form part of the main text, be written
in italics, and be bracketed by quotation marks. Where a quotation is longer
than two lines, it must be typed in a separate paragraph in italics in size 11
font and indented by 1 cm. No quotation marks are required when the
quotations stand alone. Use quotations very sparingly. In this take-home
exam, a maximum of 5% of the text may be quoted.
12. When answering the take-home exam questions, remember that an openbook
exam
is
a
test
higher
than
the
usual
type
of
exam,
where
memory
is
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tested as much as insight. In an open-book exam, you need
not memorise any information. You are expected to prove that you can
use information, rather than merely repeat it. In brief, what is being tested is
factual knowledge, understanding and the correct application thereof, not
memory skills.
12.1 Also, because you have the guide available when answering questions, you
are assessed on your understanding of the legal-philosophical principles by
looking at how well you applied the principles to the questions.
12.2 PLEASE DO NOT CUT AND PASTE ANSWERS FROM THE STUDY
GUIDE (OR ANY OTHER SOURCE).
13. The arguments that you make must be logical, well-structured and
substantiated by all the relevant legal-philosophical principles. Use the time
given wisely.
13.1 Ensure that you give reasons for each answer. Substantiate your answers by
referring to ALL relevant authorities.
13.2 You are required to have read and summarised the prescribed material
yourself.
13.3 Several students lose marks because they do not approach problem-type
questions correctly. When answering such questions, it is essential first to
clarify the area of work where the answer must be sought. Once you have
done this, set out the relevant legal-philosophical principles. Deal only with
those principles that relate to the given facts. Next, apply these principles to
the facts. This is where most students lose marks – they set out the theory in
some detail, but then do not illustrate how it applies to the factual situation
they have been asked to solve. Finally, state your conclusion.
14. You must complete the online declaration of your own work
when submitting.
14.1 By ticking the Honesty Declaration, you confirm that you have read the
following:
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(i) the University’s Policy on Copyright Infringement and Plagiarism and
the Student Disciplinary Code, which are both available
on myUnisa: www.unisa.ac.za/unisarules, and
(ii) the information relating to student values and plagiarism that is found
at https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Studentvalues-and-rules.

14.2 Students suspected of dishonest conduct during the examinations will be
subjected to disciplinary processes. Students may not communicate with any
other person or request assistance from any other person during their
examinations. The use of Telegram, WhatsApp or any other instant
messaging services with any other person (except when asking for
technical assistance via official channels of the SCSC or the Invigilator
WhatsApp line) is strictly prohibited. Plagiarism is a violation of academic
integrity and students who plagiarise, copy from published works or use
Artificial Intelligence Software (e.g. ChatGPT) or online sources (eg ‘other
than the course material’) will violate the Policy on Academic Integrity and the
Student Disciplinary Code and may be referred to a disciplinary hearing.
Unisa has a zero tolerance for plagiarism and/or other forms of academic
dishonesty.
All queries regarding problems with online submissions of portfolios MUST BE
DIRECTED TO:
myModule22@unisa.ac.za; or
assign@unisa.ac.za.
Unfortunately, your lecturers CANNOT assist you with submission, technical
or administrative challenges.

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QUESTION 1:
1.1 Philosophy can fundamentally be seen as a rational enquiry into fundamental
questions. Identify the two basic questions that have historically been at the
centre of enquiry and indicate how these questions must be answered. (5)
1.2 Identify the basic questions of legal philosophy and indicate whether the set of
sub-questions that arise from the basic questions have one correct answer. (5)
[10]
QUESTION 2:
Carefully consider the following scenario and then answer the question below:
An activist group calling themselves “Free the Planet” is concerned about the
ongoing destruction of the ecosystem. Because burning oil is a major source of
greenhouse-gas emissions, the activist group strategically vandalizes oil pipelines to
render them inoperable. After being identified on CCTV footage from cameras that
the oil company installed along their pipeline, three activists are charged with
malicious damage to property and trespassing. The legal representatives of the oil
company argue that the activists violated the statutes that protect private property
and infrastructure and that they should consequently be held liable for the damage
that they caused. In their defense, Free the Planet makes the following plea to the
court:
My Lord, our generation is witnessing the destruction of mother earth at an
unparalleled pace. Driven by corporate greed, this oil company is actively wreaking
havoc by causing global warming and destroying the home of future generations of
human and animal life. Intergenerational justice and the protection of the inherent
value of nature demands that we oppose destructive forces acting in self-interest.
Consider Free the Planet’s pronouncement in light of the persistent debate in legal
philosophy that pertains to the relationship between law and morality. Extensively
discuss the debate and expressly situate Free the Planet’s statement in relation to
the debate.

[30]

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QUESTION 3:
Compare ethnophilosophy and sage philosophy as two types of African legal
philosophy.
[10]
QUESTION 4:
Carefully consider the following scenario and then answer the question below:

Two women living in a traditional African community start a same-sex relationship.
After making their relationship public, they start facing ostracisation by the
community, with the elders arguing that these women have no uBuntu because their
community will not be able to survive and grow if they don’t have children. The elders
argue that having children should be seen as an important duty to the collective family
and ancestors.
Despite its centrality in the African context, the concept of uBuntu has not escaped
criticisms. Discuss the criticisms that have been levelled against uBuntu as they
relate to the scenario above and indicate whether you agree or disagree with the
criticisms. You must substantiate your position.

[10]
QUESTION 5:

Explain why Critical Legal Studies can be characterised as a sceptical approach.
[20]

TOTAL: 80 MARKS
©
UNISA 2026
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