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Jurisprudence

Question: Is it possible to reconcile retributivist and consequentialist accounts of punishment?

Answer: At first glance, it would seem that the retributivist and the consequentialist stand in opposing corners with regard to a justification of punishment. Whilst retributivists are backward looking in that they don’t...


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Details: - Mark: 63% | Course: Jurisprudence | Year: 2nd/3rd | Words: 2776 | References: No | Date written: Not available | Date submitted: February 20, 2009 | Coursework ID: 413

Question: Select and evaluate an appellate decision from any common law jurisdiction and critically de construct at least two of the judicial opinions from the perspective of at least two theories encountered on the course.

Answer: The endless quest of the legal scientist to provide a single and flawless definition of law has provided varying and ever changing perspectives and theories with which to scrutinise the application of...


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Details: - Mark: 63% | Course: Jurisprudence | Year: 2nd/3rd | Words: 3330 | References: Yes | Date written: Not available | Date submitted: October 20, 2008 | Coursework ID: 140

Question: Critically assess Dworkins claim that judges do not have any discretion to make the law.

Answer: Dworkins theory on judicial discretion is a component of an amalgam of theories that he advocated in the period before his interpretive turn, those being the Right answer thesis and the Rights...


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Details: - Mark: 63% | Course: Jurisprudence | Year: 1st | Words: 2861 | References: No | Date written: Not available | Date submitted: October 20, 2008 | Coursework ID: 137

Question: 'The current law of duress and undue influence is so unclear that it creates chaos rather than uncertainty in the law.' Discuss.

Answer: The area of law concerning defective contracts tainted by duress or undue influence has been created in order to protect those people that enter into a contract which involves high degrees of...


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Details: - Mark: 63% | Course: Jurisprudence | Year: 2nd/3rd | Words: 2227 | References: No | Date written: Not available | Date submitted: October 20, 2008 | Coursework ID: 136

Question: An analysis of the concept of law is not a description of what the law is. Do you agree?

Answer: To begin a discourse upon the above statement, a definition of the critical words analysis and description must first be ascertained in order to clarify the question. Analysis refers to “resolve or...


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Details: - Mark: 63% | Course: Jurisprudence | Year: 1st | Words: 2285 | References: No | Date written: Not available | Date submitted: October 20, 2008 | Coursework ID: 135

Question: THE COMMAND THEORY’S BLACK AND WHITE DISTINCTION BETWEEN LAW AND MORALITY: 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: 62% | Course: Jurisprudence | Year: 2nd/3rd | Words: 2808 | References: Yes | Date written: Not available | Date submitted: October 20, 2008 | Coursework ID: 134

Question: Differentiate and assess how H.L.A. Hart and John Austin perceived the nature of law.

Answer: H.L.A. Hart and John Austin remain two of the most prominent figures in the tradition of positive law. John Austin being the earlier of the two developed a rudimentary position towards legal...


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Details: - Mark: 61% | Course: Jurisprudence | Year: 2nd/3rd | Words: 1986 | References: Yes | Date written: Not available | Date submitted: February 20, 2009 | Coursework ID: 409

Question: H.L.A. Hart's Correction of John Austin

Answer: H.L.A. Hart and John Austin remain two of the most prominent figures in the tradition of positive law. John Austin being the earlier of the two developed a rudimentary position towards legal...


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Details: - Mark: 61% | Course: Jurisprudence | Year: 2nd/3rd | Words: 1981 | References: Yes | Date written: Not available | Date submitted: October 20, 2008 | Coursework ID: 138

Question: Critically evaluate the Due Process and Crime Control models of justice.

Answer: The Due Process Model (DPM) is known as obstacle course justice with an ideology that relies on the formal structure of the law and legal guilt. (1) The DPM s primary goals...


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Details: - Mark: 60% | Course: Jurisprudence | Year: 2nd/3rd | Words: 2973 | References: No | Date written: Not available | Date submitted: February 20, 2009 | Coursework ID: 412

Question: ‘Law is a seamless system with its own autonomy. It provides one correct answer to any cases, difficult or not, by application of its rules, precedents, principles and spirit.’ Discuss.

Answer: In this article, I will try to analyse the above statement by using Ronald Dworkin\'s and Herbert L. A. Hart\'s theories respectively before turning to my opinion. Essentially, the statement is identical...


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Details: - Mark: 60% | Course: Jurisprudence | Year: 2nd/3rd | Words: 2808 | References: Yes | Date written: Not available | Date submitted: February 20, 2009 | Coursework ID: 411


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