LJU4801 MAY/JUNE EXAM 2025 – FULLY ANSWERED (DUE 23 – 28 MAY 2025)

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LJU4801 May/June Exam Memo | Due 23 – 28 May 2025. All questions fully answered with references.

Question 1
Read the following scenario and then answer the question below:

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 Identify and discuss the two philosophical approaches being used here. Your answer should not exceed 750 words. (15)

1.2 According to the positivist theory of adjudication, is the South African position on prostitution All questions fully answered with referencing.