LJU4801 May/June Exam Memo | 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 based on law or immorality? Discuss. Your answer should not exceed 750 words. (15)
[30]
Question 2
Read the following scenario and then answer the questions below:
In 1931, the then Appellate Division heard the case of Collett v Priest 1931 AD 290. Mr Collett lodged an appeal against the judgment which placed his estate under sequestration. In the course of its judgment, the court remarked as follows:
[301] “…great as is the respect which this Court entertains for the opinion of so eminent a judge, we cannot allow reasons of that kind to override an unbroken series of decisions in this Court, unless clearly shown to be wrong. Stare decisis is a sound principle and one which has been adopted in South African practice. No reason has been adduced either by the learned JUDGE PRESIDENT or by Counsel for appellant, for reversing the decisions of this Court on the matter before us.”
2.1 From the objectivist theories’ perspective, judges are part of a community of interpreters and this community determines how judges must decide cases. Discuss what this perspective entails. In your discussion, refer to Dworkin’s communalist theory. Your answer should not exceed 500 words. (10)
2.2 Based on your answer to question 2.1 above, discuss how the doctrine of judicial precedent (stare decisis) resonates with the notion that judges are constrained in their decision-making by the community of interpreters. Your answer should not exceed 500 words. (10)
[20]
Question 3
Read the following scenario and then answer the question below:
In the case of S v Maluleke 2008 (1) SACR 49 (T) the court said the following:
[24] “…a suitable sentence could be imposed that also created an opportunity to begin to heal the wounds that the commission of the crime caused to the family of the deceased and to the community at large.”
AND
[25] “The particular circumstances of this case created the opportunity to introduce the principles of restorative justice into the sentencing process.”
FURTHERMORE
[26] “Restorative justice… emphasises the need for reparation, healing and rehabilitation rather than harsher sentences….”
3.1 Discuss how the court’s remarks resonate with notion of communitarianism and reconciliation, which are central to African legal philosophy. Your answer should not exceed 1250 words. (25)
Question 4
4.1 Discuss the four main ideas that form the basis for critical legal theory. Your answer should not exceed 750 words. (15)
4.2 Mary Joe Frug argues that the law “encodes” the female body with meaning. Briefly discuss how the law mandates the sexualisation of the female body. Your answer should not exceed 500 words. (10)
[25]
TOTAL {100}
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