LJU4801 Exam Portfolio 2025 – Due 28 May 2025

LJU4801
EXAM MAY JUNE 2025
DUE 28 MAY 2025

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.

ANSWER

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

According to legal philosophy, the scenario surrounding the criminalisation of
prostitution in South Africa presents two contrasting philosophical approaches to law

Natural Law Theory and Legal Positivism.

The first approach is Natural Law Theory, which holds that law is inherently connected
to morality. Proponents of this theory believe that an action is only legally valid if it
conforms to moral or divine principles. According to Natural Law Theory, certain rights
and wrongs exist independently of human-made laws. In this view, laws should reflect
moral values and promote the common good of all people. In the context of the
scenario, the view that prostitution is criminalised because it is immoral aligns with
Natural Law. Supporters of this approach argue that prostitution is inherently wrong
due to its perceived moral implications, and therefore, the law is justified in