LJU4801 ASSESSMENT 2 SEMESTER 2 - 2024
QUESTIONS:
1. With reference to the judgment in Prince v President of the Law Society of the Cape of Good Hope 2002 (2) SA 794, discuss the philosophical approaches the majority and minority decisions followed. Your answer should not exceed 750 words.
...
1. With reference to the judgment in Prince v President of the Law Society of the Cape of
Good Hope 2002 (2) SA 794, discuss the philosophical approaches the majority and
minority decisions followed. Your answer should not exceed 750 words. (15)
Basic Facts Of The Case:
In the Prince case 1 the question of freedom of religion was raised. The applicant applied to the
Law Society to have his contract for community service registered. In this application he not
only disclosed two previous convictions for possession of cannabis (marijuana or dagga), but
also indicated his intention to continue using it for religious purposes. The Law Society took the
view that his criminal record disqualified him on the grounds that he is not a "fit and proper
person" and refused to register the contract.
Therefore, on the one hand we have Radical Legal Realism with its emphasis on the Political
Context and the role of power. They wanted to do away with formalism and replace it with a
Contextual Approach.
On the other hand, the Progressive Legal Realists used a Pragmatic Approach to replace the
formalism with the idea of law as a social science based on indeterminacy.
1
Prince v President of the Law Society of the Cape of Good Hope 2002 (2) SA 794
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Masters. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $2.85. You're not tied to anything after your purchase.