|
Examinations
Semester 1 2003
|
Emalus
Campus
|
COURSE NAME: Jurisprudence
COURSE NO: LA332
TIME ALLOWED: Three (3) hours
READING TIME: Ten (10) minutes
NUMBER OF PAGES: Three (3) excluding this page
NUMBER OF QUESTIONS ON PAPER: Seven (7)
NUMBER OF QUESTIONS TO BE ANSWERED: Five (5) only
MARK ALLOCATED FOR EACH QUESTION: Equal
TOTAL MARKS: Fifty percent of result.
MATERIALS PERMITTED IN EXAMINATION ROOM:
None
SPECIAL INSTRUCTIONS
1. Complete the full paper.
2. Read the questions and the instructions carefully.
3. You can answer any question with reference of the law of any USP country except where otherwise indicated or required.
4. Two questions have internal choice. Answer one part only of each if you choose that question.
Jurisprudence
LA332
Page
1 of 3 pages
Question
1
Feminist theories of law have not as yet
had any discernible influence on law or legal thinking in the South Pacific
region. It is clear however that they have a contribution to make, even though
that contribution will meet considerable resistance from various quarters.
Write an essay discussing the actual and possible contribution of feminist legal theory to South Pacific legal systems.
Question
2 Answer
Part A OR Part B ---NOT BOTH
A. “For there to be law there has to be a State. For there to be a State there has to be a nation with a soundly formed national ideology. If there is a State then it is supreme and sovereign, with the sole and final authority to make and interpret laws reposed in the designated institutions of that State. That is what law is; viz. an instrument of the State and an instrument of rule by the State. Any other conception of law is either secondary to this one or entails a fundamental misconception of what law is in modern society.”
Critically discuss this statement and in particular its application to modern society.
OR
B. Natural law is a failure because it is completely unnatural.
Discuss
Jurisprudence
LA332
Page
2 of 3 pages
Question
3 Answer
Part A OR Part B – NOT BOTH
A. “A course on jurisprudence is necessarily a course about rights and
duties. This might be liberal jurisprudence but jurisprudence is only possible
in a society which is governed by liberal values.”
Critically discuss this statement.
OR
B. “Legal education in the South Pacific
region has largely been driven by the need to produce competent lawyers or
legal practitioners. The curriculum has largely been determined by this
seemingly noble objective. However it reveals a clear disposition towards
positivism or ‘black letter law’ in its approach. There are clearly many other
important dimensions which ought to be built into the study of law and which
should be considered in the restructuring of the curriculum and methods of
educational delivery.”
In light of this statement consider the adequacy of the LLB curriculum at USP. Does it lend itself towards a positivist approach to law and legal education. Should it be changed, if so how and on what basis? If not, what is it that justifies the retention of the current approach?
Question
4
“Marxism brings to our understanding of law and legal systems a whole vocabulary of concepts such as class, class oppression, capitalism, dominance, historical materialism and alienation. All this makes it [Marxism] sound theoretically very sophisticated with a high explanatory value. However when we look more closely at the concepts and the nature of what they are trying to explain we can see that this theoretical perspective contributes very little to our understanding of law and legal systems in the South Pacific region.”
Do you agree or disagree with this statement? In either case write an essay assessing the relevance of the Marxist perspective as regards the legal systems of the South Pacific.
Jurisprudence
LA332
Page
3 of 3 pages
Question
5
“We hear a lot these days about the
identity problem. For example it is said that the
What is this identity problem and what relevance does it have to the place and functioning of legal systems in South Pacific societies?
Question
6
“Morality and ethics are natural human phenomena. Wherever there is human society there are and have been moral and ethical systems associated with them. Law cannot ignore this basic reality. A legal system which divorces or removes itself from morality and ethics is bound to be deficient in fundamental ways.”
Do you agree or disagree with this statement? In either case write an essay explaining your position. Your essay should explain the relationship between morals and ethics on the one hand and law on the other.
Question
7
“It is quite clear that the courts in the South Pacific region need to reassess their approach to adjudication. The task before the judiciary in the region is to mould the law to take account of cultural values and societal values so as to make the law more relevant to those who are subject to it and those to improve the rule of law in contemporary South Pacific countries. To date their position has been inevitably positivistic. The adoption of a position which is that of legal realism would enhance the development of the law in this context.”
Is legal realism on the part of the courts
a viable or a reasonable approach for the judiciary in the South Pacific
region? Give reasons for your answer.