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Jurisprudence

Question: What is law?

Answer: Introduction Very few questions in the human society has been asked with such persistence for so long such as the question as “What is law?” As H.L.A Hart mentions even if we...


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Details: - Mark: 68% | Course: Jurisprudence | Year: 1st | Words: 5038 | References: Yes | Date written: February, 2014 | Date submitted: May 05, 2015 | Coursework ID: 923

Question: 'Group Assessment:Should parent’s be held responsible for the criminal acts of their children to a greater or lesser extent than the law at present commands?'

Answer: We can’t cope with the effects of youth crime - 1997 Audit showed that youth crime amounts to 7 million recorded offences per year, costing over £4 billion, and only a quarter...


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Details: - Mark: 67% | Course: Jurisprudence | Year: 1st | Words: 17232 | References: Yes | Date written: July, 1998 | Date submitted: February 16, 2009 | Coursework ID: 226

Question: Evaluate the changes that have occurred to the structure of the legal profession over the last ten years in Britain and develop an argument for the future fusion of solicitors and barristers.

Answer: “To the rest of the world, the English legal profession is a very strange species indeed. Most countries manage to do with one kind of lawyer. We ...have two.” T he modern...


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Details: - Mark: 66% | Course: Jurisprudence | Year: 2nd/3rd | Words: 2051 | References: Yes | Date written: October, 2004 | Date submitted: October 20, 2008 | Coursework ID: 133

Question: Critique of argument on J.Finnis “Natural Law and Natural Rights” 2nd Ed. (Oxford, Clarendon Press, 2011) pp 245-52

Answer: This essay will explore Finnis’s arguments on authority of rulers and how it fits into his main thesis. It will be argued that an a ruler’s authority is not derived from transmission,...


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Details: - Mark: 65% | Course: Jurisprudence | Year: 2nd/3rd | Words: 1935 | References: Yes | Date written: January, 2014 | Date submitted: May 05, 2015 | Coursework ID: 924

Question: 'Every judgement I write is a lie. I will repeat that statement: every judgement I write is a lie.' - (‘The Strange Alchemy of Life and Law’ Chap. 'Tock Tick: The Working of a Judicial Mind’, Albie Sachs - Full quote in download)
- Discuss how the above quotation from South African Constitutional Court Justice Albie Sachs compares and contrasts with theories of adjudication you have studied.

Answer: In this quotation from South African Constitutional Court Justice Albie Sachs, taken from the chapter ‘Tock Tick: The Working of a Judicial Mind’, in his book ‘The Strange Alchemy of Life and...


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Details: - Mark: 65% | Course: Jurisprudence | Year: 2nd/3rd | Words: 3485 | References: No | Date written: Not available | Date submitted: July 16, 2010 | Coursework ID: 614

Question: ‘The British response towards European integration is atypical and conditioned by irrational apprehensions.’ Critically evaluate this statement.

Answer: “A thousand years of separate development... is finally drawing to its close - under the twin forces of globalisation and the dynamic of European unity.” For Britain, the global context of ‘superpower’...


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Details: - Mark: 65% | Course: Jurisprudence | Year: 2nd/3rd | Words: 2995 | References: Yes | Date written: October, 2004 | Date submitted: October 20, 2008 | Coursework ID: 132

Question: Outline Hart’s reply to Dworkin in the postscript to the concept of law. Do the arguments advanced by Hart adequately answer Dworkin’s objections to the positivist conception of law?

Answer: There has over recent years been a debate between Hart and Dworkin over the concept of a Legal system. Hart a positivist is one who regards a law as being valid not...


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Details: - Mark: 64% | Course: Jurisprudence | Year: 2nd/3rd | Words: 1807 | References: Yes | Date written: Not available | Date submitted: February 20, 2009 | Coursework ID: 410

Question: Discuss Harts conception of law as ‘a symbiotic relationship between primary and secondary rules.’

Answer: At first impression Harts conception of law, as a symbiotic relationship between primary and secondary rules, and more importantly the internal aspect seems valid. However in his attempts to define “What is...


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Details: - Mark: 64% | Course: Jurisprudence | Year: 2nd/3rd | Words: 2389 | References: No | Date written: Not available | Date submitted: February 20, 2009 | Coursework ID: 408

Question: “To treat the data of law merely as legal rules may be a static (and therefore inadequate) representation of a dynamic phenomenon; the reality of regulation as the continually changing outcome of a complex interaction of individuals and groups in society. Legal positivism seeks tests of the “legal” which make it possible to identify the data of law… without looking behind legislative rules to the process by which they were created, and without considering judicial attitudes or values.”
Roger Cotterell

Is this a fair criticism of the legal positivists that you have studied?

Answer: In the above quotation Cotterell identifies a number of flaws he believes are inherent in positivist theories of law. One’s aim is to argue that although the above criticisms are perfectly valid...


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Details: - Mark: 64% | Course: Jurisprudence | Year: 2nd/3rd | Words: 2364 | References: Yes | Date written: March, 2002 | Date submitted: October 20, 2008 | Coursework ID: 139

Question: Where does ultimate power lie in the UK constitution?

Answer: Most European nations have written constitutions; a single document which can be referred to in isolation. Unusually for a major western democracy, the UK has no such document. The rules on who...


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Details: - Mark: 64% | Course: Jurisprudence | Year: 2nd/3rd | Words: 2346 | References: Yes | Date written: November, 2004 | Date submitted: October 13, 2008 | Coursework ID: 25


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