Evaluate, by comparing at least 2 jurisprudential theories that address non-state actors’ duties regarding ‘social justice’, which of these jurisprudential theories, according to you, best attains the stated aims to achieve social justice in the first paragraph of the Grootboom case as well as in the Preamble of the Constitution.
In the Grootboom case, the stated aim was to achieve social justice by ensuring that the welfare of individuals, particularly the most vulnerable, is prioritized. The Preamble of the Constitution of South Africa also emphasizes the importance of promoting social justice and human dignity for all citizens.
One jurisprudential theory that addresses the duties of non-state actors regarding social justice is natural law theory. According to natural law theory, individuals have inherent rights and duties based on universal principles of justice. Non-state actors, such as corporations or NGOs, have a moral obligation to uphold these principles and contribute to the achievement of social justice. This theory emphasizes the importance of moral responsibilities and ethical considerations in decision-making processes.
On the other hand, legal positivism is another jurisprudential theory that addresses the duties of non-state actors regarding social justice. Legal positivism focuses on the authority of laws and regulations established by the state. According to this theory, non-state actors have a duty to abide by the laws and regulations governing their behavior and interactions within society. This perspective emphasizes compliance with legal obligations as a means of promoting social justice.
In comparing these two jurisprudential theories, natural law theory appears to better attain the stated aims of achieving social justice in the Grootboom case and the Preamble of the Constitution. Natural law theory emphasizes the moral obligations and ethical responsibilities of non-state actors in promoting social justice, aligning with the values of human dignity and welfare central to the Grootboom case and the South African Constitution. Legal positivism, while important for upholding legal standards, may not fully capture the moral and ethical dimensions of social justice that natural law theory encompasses.