NAME: ZANELE NOMVULA

SURNAME: NHLAPO
STUDENT NUMBER: 66719844
LJU4801- LEGAL PHILOSOPHY
PORTFOLIO EXAMINATION 2023
Question 1
1.1 Ubuntu is a concept deeply rooted in African philosophy and culture. It is often
described as a philosophy of humaneness, interconnectedness, and communalism.
Ubuntu emphasizes the importance of relationships, empathy, and mutual respect
among individuals in a community.1 It is a guiding principle that encourages people
to be compassionate, caring, and considerate towards others.
The Zulu and Xhosa languages of Southern Africa are where the word "Ubuntu" comes
from. "Humanity toward others" or "I am because we are" are two possible
translations.2 This perfectly captures the spirit of Ubuntu, which emphasizes the
reliance and connection of every person in a community. Ubuntu acknowledges that
we cannot exist in isolation and that our relationships with others establish who we are
as human beings.
Ubuntu promotes a sense of collective responsibility and communal harmony. It
emphasizes the idea that one's well-being is intrinsically linked to the well-being of
others. This means that individuals have a duty to contribute positively to the
community and to treat others with respect, dignity, and compassion. Ubuntu
encourages people to prioritize the needs of the community over individual interests
and to work together towards the greater good.3
In his minority judgment, Mogoeng J characterizes Ubuntu as typically African. While
Ubuntu is indeed deeply rooted in African culture and philosophy, it is important to
note that the principles of Ubuntu are not exclusive to Africa.4 Similar concepts can be
found in various cultures and religions around the world. For example, the concept of
interconnectedness and communal harmony can be seen in Confucianism, Buddhism,
and Native American traditions, among others.
However, the judge's characterisation of Ubuntu as typically African is not necessarily
incorrect.5 Ubuntu has been an integral part of African societies for centuries and has
played a significant role in shaping African values, ethics, and social structures. It has
influenced African approaches to conflict resolution, governance, and community
development.
The judge's remark also reflects the unique historical and cultural context of South
Africa, where the case was heard. South Africa has a diverse population with different
ethnicities, languages, and cultural traditions. Ubuntu has been embraced as a guiding
principle in post-apartheid South Africa, as it promotes social cohesion, reconciliation,
and nation-building.6 It has been recognized and incorporated into the country's
constitution and legal framework.

1
Tutu, Desmond (2013). “Who we are: Human uniqueness and the African spirit of Ubuntu”.
2
‘I Am Because We Are’: The African Philosophy of Ubuntu.
3
Tutu, Desmond. No Future Without Forgiveness. Doubleday, 1999. ISBN 9780385496896.
4
Raimod Gaita (1998) “A Common Humanity” The Text Publishing Company, Australia.
5
Matshe, Getrude. Born on the continent: Ubuntu. Wellington, NZ: Gertrude Matshe, 2006.
6
Shutte, Augustine. Philosophy for Africa. Rondebosch, South Africa: UCT Press, 1993.
In conclusion, Ubuntu is a concept that emphasizes the interconnectedness,
compassion, and communalism of individuals in a community. While it is not exclusive
to Africa, it has played a significant role in shaping African values and has become an
important guiding principle in post-apartheid South Africa. The judge's characterisation
of Ubuntu as typically African is not necessarily incorrect, considering its historical and
cultural significance in the region. However, it is important to recognize that Ubuntu's
principles of humaneness and interconnectedness are universal and can be found in
various cultures and traditions around the world.7
1.2 In the second paragraph of his minority judgment, Mogoeng J links Ubuntu to
human rights. He acknowledges that human rights are often regarded as something
uniquely associated with modern legal philosophy, given their individualistic nature.
However, he argues that Ubuntu, despite being a pre-modern idea, can also be linked
to human rights. In discussing this link, it is important to consider the nature of human
rights and how Ubuntu aligns with its principles.8
Human rights are a set of fundamental rights and freedoms that are inherent to all
individuals, regardless of their race, gender, religion, or nationality.9 They are often
seen as protecting the individual from the power of the state and ensuring their dignity,
equality, and freedom.10 Human rights are based on the principles of autonomy,
individualism, and the protection of individual interests and freedoms.
Ubuntu, on the other hand, places a strong emphasis on how linked and communally-
minded people are inside a community.11 Relationships, empathy, and shared
responsibility are heavily emphasized. Ubuntu exhorts people to treat other people
with respect, decency, and compassion and to put the good of the community before
their own interests.
At first glance, it may seem that Ubuntu and human rights are incompatible due to their
different emphases. Human rights focus on the individual and their autonomy, while
Ubuntu emphasizes the collective and communal well-being. However, upon closer
examination, it becomes clear that there are points of Convergence between the two.12
Firstly, both Ubuntu and human rights share a common concern for human dignity. 13
Human rights seek to protect and promote the inherent dignity of every individual,
while Ubuntu recognizes the importance of treating others with respect and dignity.

7
https://jbhengu.wordpress.com/2013/12/16/ubuntu -is-it-universal-or-exclusively-african/.
8
The central article also appeared in this journal as T Metz ‘Ubuntu as a moral theory and
human rights in South Africa’ (2011) 11 African Human Rights Law Journal 532.
9
The central article also appeared in this journal as T Metz ‘Ubuntu as a moral theory and
human rights in South Africa’ (2011) 11 African Human Rights Law Journal 532.
10
Sec 9 Constitution of the Republic of South Africa.
11
For more on how the present understanding of ubuntu can ground a right to culture, see T
Metz ‘African values, human rights and group rights’ in O Onazi (ed) African legal theory and
contemporary problems (2014) 131 142-144.
12
T Hobbes Leviathan (1651).
13
Port Elizabeth Municipality v Various Occupiers 2005 (1) SA 217 (CC); 2004 (12) BCLR 1268
(CC) para 37. See also Dikoko v Mokhatla (2006) ZACC 10; 2006 (6) SA 235 (CC); 2007 (1)
BCLR 1 (CC) para 113.
Ubuntu acknowledges that one's humanity is defined by their relationships with others
and that every individual deserves to be treated with respect and compassion.
Secondly, Ubuntu and human rights both emphasize the importance of equality and
non-discrimination. Human rights advocate for equal treatment and non-
discrimination, ensuring that all individuals are entitled to the same rights and
freedoms. Ubuntu recognizes the inherent worth and equality of all individuals,
regardless of their social status or background. It promotes a society where everyone
is treated fairly and without prejudice.14
Furthermore, Ubuntu can be seen as a moral providing and ethical foundation for
human rights. While human rights are often viewed as legal and political constructs,
Ubuntu offers a philosophical and cultural framework that underpins the principles of
human rights. Ubuntu promotes a sense of empathy, compassion, and
interconnectedness, which can inform and guide the implementation of human rights
principles in a community.15
In linking Ubuntu to human rights, the judge recognizes that Ubuntu, despite being a
pre-modern idea, can contribute to the understanding and realization of human rights
in contemporary society. Ubuntu offers a different perspective on human rights, one
that emphasizes the importance of relationships, communal harmony, and collective
responsibility. It reminds us that human rights are not solely about individual freedoms,
but also about fostering a sense of community, empathy, and social cohesion.16
In conclusion, while human rights are often associated with modern legal philosophy
and individualism, Ubuntu can be linked to human rights principles. Ubuntu's emphasis
on human dignity, equality, and non-discrimination aligns with the core values of
human rights. Ubuntu provides a moral and ethical foundation that can inform and
guide the implementation of human rights principles in a community. Therefore, the
judge's linking of Ubuntu to human rights is valid, 17 as it recognizes the potential of
Ubuntu to contribute to the understanding and realization of human rights in
contemporary society.

Question 2
2.1 African legal philosophy is distinct from Western ideas in various ways, reflecting
the unique cultural, historical, and social contexts of the African continent.18 Two
characteristics of this approach can be identified to illustrate its differences from
Western ideas: the emphasis on communalism and the integration of customary law.
Firstly, African legal philosophy places a strong emphasis on communalism.19 Unlike
Western legal systems that prioritize individual rights and autonomy, African legal

14
M Ramose ‘An African perspective on justice and race’ (2001) 3 Polylog, http://
them.polylog.org/3/frm-en.htm.
15
https://sullivanfdn.org/ubuntu/.
16
https:www.nomos-elibrirary.de/10.5771/2363-6262-2020-3-381.pdf?download_full_pdf=1.
17
J Rawls A theory of justice (1971).
18
Kroeze IJ, Legal Philosophy Study Guide (University of South Africa, 2017).
19
JK Nyerere Freedom and Unity. Uhuru na Umoja (1974) 165-166.
thought recognizes the interconnectedness and interdependence of individuals within
a community. It emphasizes collective responsibility, social harmony, and the well-
being of the community as a whole.
In African societies, legal conflicts and disputes are often approached with a focus on
reconciliation and restoring social cohesion rather than individual punishment or
retribution. The emphasis is on finding resolutions that promote the greater good of
the community and maintain social harmony.20 This communal approach to law
contrasts with the adversarial nature of Western legal systems, which often prioritize
individual rights and the pursuit of justice through formal legal procedures.
Secondly, African legal philosophy integrates customary law as a vital component of
the legal system. Customary law21 refers to the norms, practices, and traditions that
have developed within specific cultural communities over time. It reflects the values,
beliefs, and social structures of these communities and is often deeply rooted in oral
traditions and local customs.
In African legal thought, customary law is recognized as a legitimate source of law
alongside statutory law. It is seen as a reflection of the collective wisdom and
experiences of the community and is often invoked to address issues related to family,
land, inheritance, and dispute resolution. Customary law provides a framework for
governance and regulation within African societies, offering a localized and context-
specific approach to legal matters.22
Unlike Western legal systems,23 which are predominantly based on statute law and
formal legal codes, the integration of customary law within the legal system is unique.
African legal theory acknowledges the value of cultural diversity and the necessity to
take into account various legal traditions and practices, in contrast to Western legal
systems that place a higher priority on uniformity and consistency in the administration
of the law.
Moreover, African legal philosophy acknowledges the dynamic nature of customary
law. It recognizes that customs and practices evolve over time and can adapt to
changing social, economic, and political circumstances. This flexibility allows African
legal systems to respond to the needs and aspirations of local communities, ensuring
that the law remains relevant and accessible to those it serves.

20
See Allott & Woodman "Introduction" 2, Podg6recki "Intuitive Law" 72, Timasheff 310-314.
21
Fuller's customary law seems to comprise not merely customary law in the narrow sense of
the word as It Is usually understood, but virtually social law generally as set out above.
Therefore, his language of interaction" refers to primitive law, customary law and autonomous
law.
22
Sugarman 216-217 describes autonomous law as emanating from "semi-autonomous realms
with powers that in some respects resembles [sic] those of the state". These semi-
autonomous realms are, for example, village communities, guilds, churches, corporations,
local courts, trusts and arbitration. Fitzpatrick 158 refers to it in similar vein and stresses the
mutual influence of legal systems and their associated social systems.
23
https://en.m.wikipedi.org/wiki/Western_law.
In conclusion, African legal philosophy differs from Western ideas in its emphasis on
communalism and the integration of law.24 The customary focus on the communalism
highlights interconnectedness of individuals within a community and prioritizes social
harmony collective responsibility. The of integration customary law recognizes the
importance of local customs and traditions in legal shaping norms and practices. By
embracing these characteristics, African legal unique and philosophy offers a context-
specific approach to law reflects the that diverse cultural, historical, and contexts of
the African social continent.
2.2 The legal recognition of polygamous customary marriages in South Africa, while
not explicitly recognizing polyandry,25 raises questions about potential unfair
discrimination against women from a feminist legal perspective. Considering this
issue, it is relevant to consider Mackinnon's theory of dominance feminism, which
focuses on power imbalances and how they perpetuate gender inequality.
Dominance feminism, as proposed by Catharine A. MackKinnon,26 argues that gender
inequality is rooted in a system of male dominance and female subordination. It
highlights how existing social structures and legal frameworks reinforce and
perpetuate this power imbalance. Applying this theory to the context of polygamy and
polyandry, we can examine whether the legal recognition of one and not the other
constitutes unfair discrimination against women.
From a dominance feminist perspective, the legal recognition of polygamy in South
Africa can be seen as reinforcing traditional gender roles and power dynamics. 27
Polygamy historically has been practiced in many cultures, including some African
societies, and often involves a man having multiple wives. This practice can
perpetuate patriarchal norms,28 where men have greater control and authority within
the family structure.
By legally recognizing polygamous marriages, South African law implicitly accepts and
perpetuates this unequal power dynamic.29 It reinforces the notion that women are
subordinate to men and that men have the right to multiple wives. This can be seen
as a form of discrimination against women, as it limits their choices and reinforces
gender inequality within the institution of marriage.
However, the lack of clear legal recognition of polyandry raises concerns regarding
gender equity and fairness. The practice of polyandry, in which a woman has
numerous spouses, questions established power structures and gender roles. It defies

24
One may take this a step further and apply the principle to the notorious repugnancy clause.
What may be repugnant in one legal culture need not necessarily be perceived as repugnant
in another.
25
The Recognition of Customary Marriages Act, 1998 (Act 120 of 1998).
26
Kroeze IJ, Legal Philosophy Study Guide (University of South Africa, 2017) 223-225.
27
Hunter “Introduction: Feminism and Equality” in Rethinking Equality Projects in Law: Feminist
Challenges (2008) 1.
28
Ibid 1688; Andrews 2009 Utah Law Review 320.
29
Zeitzen Polygamy: A Cross Cultural Analysis (2008) 10-11.
social expectations of women's duties in marriage and family and subverts the idea of
male domination.30
The absence of legal recognition for polyandry can be seen as a continuation of the
marginalization and silencing of women's voices and choices. It reinforces the idea
that women should conform to traditional gender roles and norms, denying them the
agency to enter into marriages that challenge these norms. This can be perceived as
unfair discrimination against women, as it limits their autonomy and freedom to choose
their marital arrangements.31
In the context of dominance feminism, the legal recognition of polygamy and the
absence of legal recognition for polyandry can be seen as perpetuating and reinforcing
existing power imbalances.32 It upholds patriarchal norms and limits women's choices
and agency within the institution of marriage. This raises concerns about fairness,
gender equality, and the need to challenge and transform societal structures that
perpetuate gender discrimination.33
In conclusion, from a feminist legal perspective informed by dominance feminism, the
legal recognition of polygamy while not explicitly recognizing polyandry can be seen
as constituting unfair discrimination against women. It reinforces traditional gender
roles and power imbalances,34 perpetuating the subordination of women within
marriage. To promote gender equality and fairness, it is important to critically examine
and challenge laws and practices that reinforce gender discrimination and to work
towards a more inclusive and equitable legal framework.35

Question 3
3.1 The judgment in the case of DE v RH [2015] ZACC 18 followed a consequentialist
philosophical approach. Consequentialism is a moral theory that evaluates the
morality of an action based on its consequences.36 In this case, the judgment focused
on the potential harm caused by maintaining the delictual claim against a third party
based on adultery and weighed it against the potential benefits of such a claim.
Consequentialism holds that the rightness or wrongness of an action is determined by
its outcomes.37 In the case of DE v RH, the judgment considered the potential

30
Lyimo Polygamy in Sub-Saharan Africa and the Munus Docendi: Canonical Structures in
Support of Church Doctrine and Evangelization (Doctoral dissertation, Université Saint-Paul
Canada, 2011).
31
Higgins et al 2007 Fordham International Law 1694.
32
Examples include CEDAW General Recommendation 24 (1999) para 18 and CEDAW
General Recommendation 31 (2014) ss V and VI.
33
Republic of South Africa Constitution Ad J08 of 1996 Section 9.
34
Stoller, R.J. 1968. Sex and Gender: On the development of masculinity and femininity.
London: Hogarth Press.
35
The Bill of Rights guarantees equal treatment for all South Africans: Commission on Gender
Equality Act [No.39 of 1996].
36
Darwall, Stephen. Consequentialism. Oxford: Blackwell Publishing, 2003.
37
Hooker, Brad; Mason, Elinor; and Miller, Dale E. Morality, Rules, and Consequences.
Edinburgh: Edinburgh University Press, 2000.
consequences of allowing the delictual claim against a third party based on adultery.
The court recognized that this claim had historically been used as a means of seeking
compensation for the harm caused by adultery. However, the court also acknowledged
that this claim had the potential to cause significant harm to individuals involved in
extramarital affairs.
The judgment made a point of highlighting how continuing the adultery-based delictual
claim against a third party continued a culture of blame and retribution. 38 It claimed
that this assertion put an excessive burden on people who are in consensual
relationships outside of marriage. The court stated that since such relationships were
common in contemporary culture, people should be able to pursue them without
worrying about legal implications.39
Furthermore, the judgment highlighted the potential harm caused to children and
families by maintaining the delictual claim against a third party based on adultery. It
argued that this claim could lead to the breakdown of families and the disruption of
stable environments for children.40 The court recognized the importance of protecting
the best interests of children and argued that maintaining this claim would not serve
that purpose.
The consequentialist approach taken in this judgment entails weighing the potential
harms and benefits of a particular action. In this case, the court weighed the potential
harm caused by maintaining the delictual claim against a third party based on adultery
against the potential benefits of such a claim. The judgment concluded that the
potential harms, including perpetuating a culture of blame and punishment, burdening
individuals engaging in consensual relationships, and harming children and families,
outweighed any potential benefits.
By following a consequentialist approach, the judgment prioritized the overall well-
being and welfare of individuals and families. It recognized that the consequences of
maintaining the delictual claim against a third party based on adultery were detrimental
to the individuals involved and society as a whole.41 The court aimed to create a more
inclusive and compassionate legal framework that acknowledged the realities of
modern relationships and prioritized the protection of individuals' rights and the best
interests of children.
In conclusion, the judgment in DE v RH [2015) ZACC 18 followed a consequentialist
philosophical approach.42 It considered the potential harms and benefits of maintaining
the delictual claim against a third party based on adultery and concluded that the
potential harms outweighed any potential benefits. The judgment aimed to create a

38
Scheffler, Samuel, ed. Consequentialism and Its Critics. Oxford: 0xford University Press,
1988.
39
Gorovitz, Samuel, ed. John Stuart Mill: Utilitarianism, With Critical EssayS. Indianapolis: The
Bobbs-Merrill Company, 1971.
40
Adams, Robert M. Motive Utilitarianism." Journal of Philosophy 73 (1976): 467-481.
41
Bennett, Jonathan. "Two Departures from Consequentialism." Ethics 100.1 (1989): 54-66.
42
Bales, R. Eugene. "Act-Utilitarianism: Account of Right-Making Characteristics or Decision
Making Procedures?" American Philosophical Quarterly 8 (1971): 257-65.
more inclusive and compassionate legal framework that prioritized the well-being of
individuals and families.

Question 4
4.1 In Neculaesei's argument, he posits that gender roles are the product of
communication, which implies that cultural and societal factors play a significant role
in shaping these roles. This perspective aligns with the notion that gender roles are
not inherent or fixed but are constructed through socialization processes. In the
context of the proposed law amendment discussed in the News24 article, cultural and
societal factors undoubtedly influence gender roles and perceptions of caregiving
responsibilities.43
One cultural factor that influences gender roles in this context is the prevailing
patriarchal system. In many societies, including South Africa, men traditionally hold
positions of power and authority, 44 while women are expected to attain domestic and
caregiving roles. This cultural belief reinforces the idea that women are primarily
responsible for raising children.45 As a result, when it comes to divorce and the
allocation of resources, such as government housing, it is assumed that the mother
should be the primary caregiver and therefore entitled to the house.
Language is a powerful tool for communicating gender roles. For example, many
languages have different pronouns for men and women. This can reinforce the idea
that men and women are fundamentally different. Additionally, many languages have
gendered nouns and adjectives. This can also reinforce the idea that there are different
roles and expectations for men and women.
Communication plays a crucial role in perpetuating these cultural and societal factors.
Through communication, cultural norms and expectations are transmitted from one
generation to another, reinforcing traditional gender roles. For example, parents
communicate their beliefs and values regarding gender roles to their children through
explicit instructions or implicit modelling. Children internalize these messages and
develop a sense of what is expected of them based on their gender.46
Media and other forms of communication also play a significant role in shaping gender
roles. They often portray women as caregivers and men as breadwinners, reinforcing
societal expectations. In the case of the News24 article, the communication of the

43
Oakley, Ann. 1972. Sex, Gender, and Society. New York: Harper and Row.
44
Williams, Christine. 1995. Still a Man's World: Men Who Do "Womens Work." Berkeley:
University of California Press.
45
Marín, G., & Gamba, R. J. (2003). Acculturation and changes in cultural values. In K. M.
Chun, P. B. Organista, & G. Marín (Eds.), Acculturation: Advances in theory, measurement,
and applied research (pp. 83–93). Washington, DC: American Psychological Association.
46
Encyclopedia of Children, Families, Communities, and Environments, edited by Julia R.
Miller, Richard M. Lerner, and Lawrence B. Schiamberg. Santa Barbara, CA: ABC-CLIO.
ISBN I-57607-852-3.
proposed law amendment perpetuates the idea that women should be the primary
caregivers and therefore entitled to the house after divorce.47
Gender roles are shaped in part by societal forces. There is a traditional division of
work in many communities, with males supposed to be the main breadwinners and
women expected to concentrate on household duties.48 This division of work is
frequently reinforced during the socialization process and may have an impact on how
resources, such housing, are distributed in the case of a divorce. The proposed
legislation modification ensures that the woman, who is presumed to have acquired
the domestic tasks, keeps the house in line with this customary norm.
However, it is important to note that gender roles are not static and can change over
time. As society evolves and challenges traditional gender norms, there is an
opportunity for communication to play a transformative role.49 By challenging and
questioning existing gender roles through communication, individuals and
communities can work towards creating more equitable and inclusive societies.
In conclusion, cultural and societal factors significantly influence gender roles in the
context of the proposed law amendment discussed in the News24 article. The
prevailing patriarchal system, societal expectations, and communication all contribute
to the perception that women should be the primary caregivers and entitled to
resources such as government housing after divorce. However, it is essential to
recognize that gender roles are not fixed and can be challenged and transformed
through communication. By engaging in critical discussions and questioning traditional
gender norms, Society can work towards creating more equitable gender roles and
opportunities for all individuals.50

Question 5
5.1 Dworkin's communal theory of judicial decision-making is an objectivist theory that
views judges as part of a community of interpreters. This community includes lawyers,
judges, legal scholars, and other members of the legal profession who share a
common understanding of the law.
According to Dworkin, judges must decide cases in a way that is consistent with the
community's understanding of the law. This means that judges must interpret the law
in a way that is faithful to the law's meaning and purpose, as determined by the
community.51

47
Thompson, Linda. 1993. "Conceptualizing Gender in Marriage: The Case of Marital Care:'
Journal of Marriage and the Family 55: 557-569.
48
Blaisure, Karen R., and Katherine R. AlIen.1995. "Feminists and the Practice of Marital
Equality" Journal of Marriage and the Family 57: 5-19.
49
Lorber, Judith. 1998. Gender Inequality: Feminist Theories and Politics. Los Angeles:
Roxbury.
50
Culture and Gender Roles: https//www.oecd.org/dac/gender-development/1850708.pdf.
51
J. Crowe, ‘Dworkin on the Value of Integrity’, Deakin Law Review 2007, p. 167-180.
Dworkin argues that the law is not simply a set of rules.52 It is also a set of principles
and values that the community has endorsed over time. These principles and values
provide a framework for interpreting the law and for deciding cases. When judges
decide cases, they must consider the law's meaning and purpose, as well as the
community's principles and values.
Under Dworkin's communal theory of judicial decision-making, the judge would first
consult the community of interpreters to determine how the term "race" has been
interpreted in the past. The judge would also consider the law's meaning and purpose,
as well as the community's principles and values.53
In conclusion, Dworkin's communal theory of judicial decision-making is an important
contribution to the debate over how judges decide cases.54 It provides a framework for
understanding the role of judges in society and the factors that they must consider
when making decisions.
5.2 Based on my previous answer, there is a difference between the communalist
theory and African theories of adjudication. Communalist theory focuses on the
importance of community values and collective decision-making in resolving disputes,
while African theories of adjudication encompass a broader range of approaches used
in different African societies. These African theories may include elements of
communalism,55 but they also incorporate other principles such as restorative justice,
reconciliation, and the involvement of elders or traditional authorities in the resolution
process. Therefore, while communalism is one aspect of African theories of
adjudication, it does not fully capture the diversity and complexity of these theories.

52
R. Dworkin, Taking Rights Seriously, Harvard: Harvard University Press 1977.
53
R. Dworkin, A Matter of Principle, Oxford: Clarendon Press 1985.
54
R. Dworkin, Law’s Empire, Cambridge (Massachusetts)/London (England): Belknap Press of
Harvard University Press 1986.
55
Taiwo, Olufemi. 1986. “Legal Positivism and the African Legal Tradition: A Reply”.
International Philosophical Quarterly, Vol. 25 No. 2, pp. 197- 200.
https://doi.org/10.5840/ipq19852522.
BIBLIOGRAPHY

Books
Kroeze, Legal Philosophy
Kroeze IJ, Legal Philosophy Study Guide (University of South Africa, 2017)

Lord A Denning "The Changing Law" in JC Smith & DN Weisstub the Western Idea of
Law (1982)
J Donnelly "Human Rights and Human Dignity: An Analytical Critique of Non-Western
Conceptions of Human Rights" (1982 American Political Science Review)
LM du Plessis & H Corder Understanding South Africa's Transitional Bill of Rights
{1994)
Cohen, J. (1988). Statistical power analysis for the behavioral sciences (2nd Ed.).
Hillsdale, NJ: Erlbaum
Journal Articles
Baber 1992 New York: Guilford
Baber, Kristine M., and Katherine R. Allen. 1992. Women and Families: Feminist
Reconstructions. New York: Guilford.
Kurdek 1993
Kurdek, L. A: “The allocation of household labor in gay, lesbian, and heterosexual
married couples” Journal of Social Issues (1993)
Wiredu 2008 South African Journal of Philosophy
K Wiredu “Social philosophy in postcolonial Africa: Some preliminaries concerning
communalism and communitarianism” (2008) 27 South African Journal of Philosophy
Elliot 1985
ED Elliott "The Evolutionary Tradition in Jurisprudence" 1985 Columbia Law Review

Internet sources
Idowu, William. “Law, Morality and the African Cultural Heritage: The Jurisprudential
Significance of the Ogboni Institution”.
2nd Edition 5 April 2005 http://www.njas.helsinki.fi/pdf-files/vol14num2/idowu.pdf
accessed on 22 October 2023
Okafor, F.U. “Legal Positivism and the African Legal Tradition”. 4th ed 30 September
1984 https://doi.org/10.5840/ipq198424217 accessed on 23 October 2023
Taiwo, Olufemi. “Legal Positivism and the African Legal Tradition: A Reply”. 5th ed 7
October 1986 https://doi.org/10.5840/ipq19852522 accessed on 23 October 2023
Okafo, Nonso. “Relevance of African Traditional Jurisprudence on Control, Justice,
and Law: A Critique of the Igbo Experience”
3rd edition 5 March 2006 https://www.semanticscholar.org/paper/Relevance-of-
African-Traditional-Jurisprudence-on-A-
Okafo/5d23f43b280c0ca2fb548691d162bd41822e9660 accessed on 24 October
2023

Cases
Port Elizabeth Municipality v Various Occupiers 2005 (1) SA 217 (CC)
S v Makwanyane 1995 (2) SACR 1 (CC)

Legislation
Recognition of Customary Marriage Act 120 of 1998
Commission on Gender Equality Act 39 of 1996
ACADEMIC HONESTY DECLARATION

1. I understand what academic dishonesty entails and am aware of Unisa’s policies in

this regard.
2. I declare that this assignment is my own, original work. Where I have used someone
else’s work, I have indicated this by using the prescribed style of referencing. Every
contribution to, and quotation in, this assignment from the work or works of other
people has been referenced according to this style.
3. I have not allowed, and will not allow, anyone to copy my work with the intention of
passing it off as his or her own work.
4. I did not make use of another student’s work and submitted it as my own.

NAME: ZANELE NOMVULA NHLAPO

SIGNATURE:
STUDENT NUMBER: 66719844
MODULE CODE: LJU4801
DATE: 25 OCTOBER 2023