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Jurisprudence

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 weeks, through these presentations and to combine them into a theory of how and why the UK has responded to EU law in the way in which it has; To begin with, it has become clear that there does not exist one single European jurisprudence. Instead t......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Are all patterned theories of justice flawed by their implicit assumptions?

Answer: In his book “A Theory of Justice”, Rawls seeks to set out a theory of social justice. Rawls seeks to develop a method whereby we can put the right before the good (an idea of what is valuable and worth pursuing in life) by using the Original Position and the Veil of Ignorance as a device to enable us to think about the rational basis of principles of justice where that reasoning is not influen......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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 makes the law, how the relationship between the principle organs of state is regulated and their functions, are contained in a variety of sources i.e. Statutes, the common law, and conventions. An unwrit......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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 separate a thing in to the elements or component parts” while description conveys the act of “giving an account of ”. The significant disparity between these definitions enables a systematic an......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Discuss the validity of Dworkin’s criticisms towards positivism and how the natural law theory itself may be challenged.

(Jurisprudence assignment)

Answer: “Positivism is a model of and for a system of rules, and its central notion of a single fundamental test for law forces us to miss the important standards that are rules.” explains Dworkin on his attack on positivism. It is argued, by Dworkin, that both legal positivism and natural law theories are in reality searching for an answer to the question ‘what is law?’ a fundamental question a......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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 in a wonderland. Morality, according to positivist theories, is distinguished from questions of law. Many argue, however, that this overlooks the fundamental foundations of legal systems and legal validity, which are......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Q3. 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: The modern divided legal profession dates essentially from the 19th century when the Bar agreed to give all conveyancing work and direct access to clients, to solicitors, in return for sole rights of audience in the higher courts and sole rights for barristers to become judges. The 1970’s saw growing criticism of the structure and monopolies of the legal profession. Critics questioned the rat......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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 being solved by police. The courts deal with only 3% of these offences - i.e. a caution is the most typical form of sanction, as children under 15 cannot be ordered to a Young Offender’s Institution. Only 1 in 18 rece......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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 risks and which has been entered in disadvantageous circumstances. English law does not normally concern itself with the fairness of a bargain but it does recognise that it needs to intervene in some circums......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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

Critically evaluate this statement. 64%

Answer: For Britain, the global context of ‘superpower’ changed significantly after the second world war; successive governments were reluctant to participate in new forms of European integration that seemed to challenge national sovereignty. The nation-state was still an object of pride. However, the post-war experience of continental Europe was rather different. For many of these countries, unlike B......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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Jurisprudence

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