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Question: 'Oral Assessment on domestic responses to European Union Law'

Answer: It is my task here to asses domestic responses to EU law, and in order to do this I intend to take elements of what I have learned over the past few...


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Details: - Mark: 73% | Course: Jurisprudence | Year: 2nd/3rd | Words: 2540 | References: No | Date written: November, 2004 | Date submitted: February 16, 2009 | Coursework ID: 216

Question: To what extent does jurisprudence equip us to understand and criticize the modern state?

Answer: Jurisprudence is the philosophical study of law. It aims to answer questions such as what is law and seeks to examine the role and necessity of law. This paper seeks to show...


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Details: - Mark: 72% | Course: Jurisprudence | Year: 2nd/3rd | Words: 1218 | References: No | Date written: December, 2014 | Date submitted: May 05, 2015 | Coursework ID: 919

Question: Do you agree with Raz that the key to understanding law lies in understanding authority and, given that, Dworkin’s theory and the soft positivism of Hart’s Postscript must fail?

Answer: Raz believes that any theory of law needs to account for the phenomenon of authority. If it cannot account for the authority of law, then according to Raz it is not a...


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Details: - Mark: 72% | Course: Jurisprudence | Year: 2nd/3rd | Words: 2460 | References: No | Date written: Not available | Date submitted: April 05, 2011 | Coursework ID: 670

Question: Critically assess the validity of Dworkin’s criticisms towards positivism and whether natural law theory may itself be disputed.

Answer: This directs attention towards the fictional judge developed by Dworkin, Hercules J. He is a judge with superhuman skill, learning, patience and acumen used to illustrate an idealistic process, fundamentally essential to...


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Details: - Mark: 72% | Course: Jurisprudence | Year: 2nd/3rd | Words: 2644 | References: Yes | Date written: January, 2010 | Date submitted: February 15, 2011 | Coursework ID: 647

Question: 'If there is a point of view in which legal obligation is treated as at least presumptively moral obligation ... then such a viewpoint will constitute the central case of the legal viewpoint' (Finnis).

Discuss.

Answer: The traditional position regarding obligation advocated by Austin, was that legal obligation derived from the command of a sovereign, who was habitually obeyed. This obligation was reinforced by the threat of a...


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Details: - Mark: 71% | Course: Jurisprudence | Year: 2nd/3rd | Words: 2080 | References: No | Date written: Not available | Date submitted: April 05, 2011 | Coursework ID: 669

Question: What is the right answer thesis? Why is it attractive to Dworkin? Is it true?

Answer: This paper will seek to present a charitable and accurate exposition of Dworkin’s right answer thesis and the reasons Dworkin found the theory an attractive alternative to previous theories of law, largely...


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Details: - Mark: 70% | Course: Jurisprudence | Year: 2nd/3rd | Words: 1716 | References: Yes | Date written: Not available | Date submitted: October 07, 2011 | Coursework ID: 698

Question: What is ‘integrity’? How does it relate to Dworkin’s theory of interpretation?

Answer: This paper will seek to explicate the meaning of ‘integrity’ and its role in Dworkin’s jurisprudence. It will seek to detail the way in which integrity is a central part of Dworkin’s...


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Details: - Mark: 70% | Course: Jurisprudence | Year: 2nd/3rd | Words: 1429 | References: Yes | Date written: October, 2006 | Date submitted: October 07, 2011 | Coursework ID: 697

Question: How can it be possible to increase one’s autonomy by surrendering one’s power to decide certain issues, as one does when accepting the authority of law? Wouldn’t that amount to saying one is more free when one is less free?

Answer: The law always claims to have legitimate authority, but this has implications on our personal autonomy. The key issue is therefore whether the law’s claim to legitimate authority can be reconciled with...


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Details: - Mark: 70% | Course: Jurisprudence | Year: 2nd/3rd | Words: 1920 | References: No | Date written: Not available | Date submitted: April 05, 2011 | Coursework ID: 671

Question: Fuller writes of Austin: ‘Over and over again he teeters on the edge of an abandonment of the command theory… Yet he never takes the plunge. He does not take it because he had a sure insight that it would forfeit the black-and-white distinction between law and morality that was the whole object of his Lectures…’ (Lon L. Fuller, “Positivism and Fidelity to Law – A Reply to Professor Hart” (1958) 71 Harv. L. Rev. 630, p 640). Does this comment identify a weakness in legal positivism generally?

Answer: “Everything’s got a moral, if you can only find it”, wrote Lewis Carroll . Alice has a sure insight into the beliefs of natural lawyers, but to many positivists she is operating...


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Details: - Mark: 70% | Course: Jurisprudence | Year: 2nd/3rd | Words: 2788 | References: Yes | Date written: January, 2000 | Date submitted: February 20, 2009 | Coursework ID: 407

Question: ‘Hart successfully explains the normative character of law by relying on his analysis of rules. But he acknowledges that a system of rules constitutes a body of law only if the bulk of the population obey, and he concedes that only the officials need to adopt an “internal point of view”. In the end, therefore, Hart reduces law to the governance of force.’

Critically assess the above statement.


High 2.1 essay, 68/100, 2nd year jurisprudence, Oxbridge

Answer: While there are some similarities between Hart’s views and the ‘governance of force’, he does not reduce his conception of law to it. The governance of force would be a view of...


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Details: - Mark: 68% | Course: Jurisprudence | Year: 2nd/3rd | Words: 1318 | References: No | Date written: Not available | Date submitted: January 11, 2017 | Coursework ID: 1030


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