Legal phylosophy LJU4801 assignment 2 second semester 2023
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Course
Legal phylosophy
Institution
University Of South Africa (Unisa)
Instructions 1 Proper footnote referencing must be used. This entails that every argument or idea taken from another source, or any piece of information utilised from another source, needs to be provided with a separate footnote reference. 2 Long quotes from sources are not allowed. Students mus...
1 Proper footnote referencing must be used. This entails that every argument or idea taken from
another source, or any piece of information utilised from another source, needs to be provided
with a separate footnote reference.
2 Long quotes from sources are not allowed. Students must summarise arguments and ideas
from sources in their own words
3. Short quotes must be provided with quotation marks and with a corresponding footnote.
When answering questions, students are expected to make use of the study guide as well as
any other relevant source to the question. The study guide must be referenced like any other
source.
4 Use proper language and grammar and make use of full sentences. You must not write using
bullets and numbering. Rather you need to provide a narrative consisting of a coherent, logical,
and consistent argument. NB!!!!!!!! No marks will be awarded for plagiarised work.
Question 1 Section 9 of the Constitution of the Republic of South Africa, 1996 prohibits
discrimination on the basis of sexual orientation. Moreover, the Civil Union Act 17 of 2006
recognises same-sex marriages. Keeping in mind the positivist theory of adjudication, is the
South African position on homosexuality based on law or morality? Discuss. Your answer
should not exceed 750 words. (15)
NB: This question does not require you to discuss the Constitution or the Civil Union Act.
The South African Constitution of 1996 is regarded as one of the most progressive and inclusive
constitutions in the world, guaranteeing a wide range of human rights and freedoms for all
citizens. Section 9 of the Constitution specifically prohibits discrimination on various grounds,
including sexual orientation. This provision alone demonstrates the commitment of the South
African legal system to the protection of individuals against discrimination based on their sexual
orientation.
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