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University Degree: Jurisprudence

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  1. How Can Law Be Regarded As Command Sanction Of The Sovereign? Austin's Theory.

    backed up by a form of punishment or force. These command theories of law help us understand the positive nature of law and allow for us to determine what law is before considering whether it is morally good or bad. In summary, they equip us with a legal theory that works to inform each citizen subject to the law exactly what is required and the consequence once the requirement is not met. Nevertheless, while the theory of command may seem ideal, there are various aspects of the theory that have been challenged through the years.

    • Word count: 1728
  2. Examine Slaughter and Burke-Whites reasoning on the ways in which international law can be said to play a new role in domestic governance

    This thesis illustrates the three ways in which international law could have direct and effective engagement with domestic institutions. To that extent, the following essay seeks to critically evaluate the reasoning behind the model proposed by Slaughter and Burke-White. Critique and reasoning Slaughter and Burke-White argued that the most important inadequacies of States to respond sufficiently to global threats are; (1) the lack of domestic governance capacity (2) the lack of domestic will to act; and (3) new problems that exceed the ordinary ability of States to address[7].

    • Word count: 1721
  3. The Case of the Speluncean Explorers: Critically discuss the various philosophies which underpin the judgments presented in the case and the conflicting perspectives on the nature of law and relationship which exist with morality.

    There were no sources of nutrition to be found inside the cave and food supplies were very scant. They make radio contact with a rescue team that has been sent to recover them. The rescuers estimate that the removal of the debris over the entrance of the cave will take at least another ten days. The trapped men also talk with physicians who convey their concern that the trapped men may not last another ten days without food. When rescued, only four men emerge. They concede that they held a ?lottery? (using dice one of the explorers had in his possession), killed the loser and ate him (The loser?s identity was given as Whetmore).

    • Word count: 1016

Conclusion analysis

Good conclusions usually refer back to the question or title and address it directly - for example by using key words from the title.
How well do you think these conclusions address the title or question? Answering these questions should help you find out.

  1. Do they use key words from the title or question?
  2. Do they answer the question directly?
  3. Can you work out the question or title just by reading the conclusion?
  • On what grounds is it possible to justify resistance to state power? Discuss with reference to a recent example of civil disobedience.

    "To conclude further, it is in my opinion that civil disobedience is never justifiable unless all other methods and paths have been taken to obtain their goal and express their opinion and even then it should be carefully considered whether taking illegal action will help the cause be reached. It is always not easy however to determine if all other courses of action have been taken leaving the thought of civil disobedience being a 'last resort' as a more open debate. It is then also the case that the course of civil disobedience should only be taken if its serves the majority and not a minority unless the majority are in no way effected by it. I have shared this view with similarities to that of Rousseau considering that modern day problems can arise in determining what is in key with the general will and what is morally and politically right. 1 Neil McNaughton 'Success In Politics' (Rousseau 'Social Contract 1762') 2 D.D. Raphael 3 Barbara Goodwin 'Using Political Ideas' 4 Neil McNaughton 'Success In Politics' 5 David Simpson 'Pressure Groups' 6 Barbara Goodwin 'Using Political Ideas' 7 David Roberts 'British Politics in Focus'"

  • Examine the extent to which the principles and rules currently governing Registered Land will be amended by the Land Registration Act 2002. Explain the rationale underlying any changes.

    "To conclude, it is obvious that the Act is extremely different from the LRA 1925, it is much improved and modernised and deals with any problems that previous Acts have had. On the whole, it is a much better system, and has answered many questions. It is difficult to determine what the effects will be in the future, and how long it will be before this legislation is changed, however, for the time being, it will revolutionise the Land Registry system of today."

  • Evaluate the extent to which the Human Rights Act 1998 is consistent with the traditional understanding of parliamentary sovereignty.

    "Conclusion Although there appear to be conflicting ideas from the European and British courts, as we have seen, Britain is now unable to escape the need to consider the practices and values of Europe in certain situations. The gap between Britain and Europe is now narrowing with the introduction of legislation such as the European Communities Act, as discussed earlier. Politicians and lawyers alike visit this issue on a daily basis. One of the main Constitutional issues arising from Britain's membership of the EU is that of the sovereignty of Parliament. To say that the existence of such a constraint is an infringement is to a certain extent just not true. Some suggest that Parliament's authority to legislate is no more fettered by the treaty than it is fettered by other political decisions that may be taken by the Cabinet32. Moreover, Parliament enacted the Act; therefore surely the will of Parliament is being followed."

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