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University Degree: Jurisprudence

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  1. Can torture ever be justified?

    imminent terrorist attack discernibly violate the absolute prohibition of torture as laid down in Article 7 of the International Covenant on Civil and Political Rights (CCPR).6 Moreover, the danger of a creating a "slippery slope" exists. Once an exception is allowed on the grounds of pure need, this would open the floodgates to future cases being advanced on the basis of a precedent.7 Any justification for using torture or other forms of punishment on a human being would then be subjective and injudicious.

    • Word count: 2969
  2. Is Dworkin a natural lawyer? Before examining the Dworkinian perspective, it is important to define the melange and conflict that the two opposing leading theories of jurisprudence, natural law and positivism reflect.

    Roman philosopher, Cicero identified the key components of natural law. Claiming that only 'true laws' are those consistent with justice, and consequently can be ascribed as law, the metaphysicality, that we should adjudicate ourselves based on a divine law, and finally that ultimately this morality is consequently unalterable, fixed within its definition. '[True law] does not lay its commands, or prohibitions upon good men in vain, though neither have any effect on the wicked'.6 In keeping with contemporary jurisprudence, neo-natural lawyers such as John Finnis have seen the development of this movement, with the metaphysical element having somewhat diluted.

    • Word count: 3472
  3. Feminism in the UK. As feminists claim the personal is the political they have had a remarkable impact on the English Legal System today, so much that it has affected the world as a whole. Various aspects of English law like criminal law,

    There are many others like radical feminism who aim to re-construct the whole political system in order to eradicate patriarchy10 and cultural feminism that see the difference in the nature of men and women but want to remove the inferiority that women feel and experience. Liberal feminism recognizes individuals (not only women) as independent rights-bearing citizens. With the belief of men and women being equally rational they ought to have the same opportunities. However, the ideology has effectively replaced traditional norms, we see this through increases in divorce, cohabitation, abortion, etc.

    • Word count: 4158
  4. Critically analyse the relations between the form of life and the jurisprudence of the office of the jurisprudent in the domain of human rights and development.

    According to Finnis, this form of life is one in which individuals are able to pursue diverse life paths, and thus their own ways of engaging in 'objective goods'. Simmonds further proposes that the form of law grants individuals a certain degree of 'distance'. Jurisprudence theories link the form of law with a form of life in which abstract individuals are able to pursue their own projects through an idealised form of liberal capitalism. Hence there is a connection made in this sense by analysing two important aspects of the jurisprudence traditions, that of prudence, and of office.

    • Word count: 4529
  5. Marriage in the 21 century

    Furthermore it will look at different types of relationships that were once accepted in history but are now prohibited by way of legal regulations, for example incestuous relationships between family members. It will draw upon the reasons, in the past why people got married and explain why legal and religious regulations were once required but no longer are in today's view of marriage. I have actively decided to limit the topic and research to Christianity and mainly western, specifically English views and the historical backdrop that surrounds marriage in the United Kingdom.

    • Word count: 4841
  6. Jurisprudence theory

    Throughout the essay, contradictions arise as to the effectiveness of legal positivism throwing into sharp relief the poor and weak notion that Tamanaha is unable to argue in favour of legal positivism. Unlike most positivists, he does not concur with what most legal positivists see as their principal task that is about legal philosophy and considering moral value a secondary factor. This reflects his tendency to reflect naturalist criteria. The separation thesis primarily looks at "what law is and what law ought to be"3.

    • Word count: 2587
  7. Some believe affirmative action (positive discrimination) is required by equality; others think it is inconsistent with equality. What do you think?

    Yet, it may be fair to say that when one racial group or s*x is in the majority of positions of power, there may arise inequality which is perpetuated by discrimination. Discrimination can manifest in a number of ways but, in terms of having a direct effect on equality, education and employment are arguably the main areas of contention. This may be due to the argument that if these areas are not egalitarian in nature, in terms of intake and chances of progression, then a society that accepts all of its population as equal cannot exist but, actually increases inequality by members of certain minorities or s*x not having the same life chances as others.

    • Word count: 2437
  8. In country X a fascist dictatorship, oppressive legal measures are used to defy people basic freedoms. In country Y, a liberal democracy, the legal system upholds capitalism and human rights. From the Perspective of your approved topic (Critical Legal Stu

    an advancement of a new view that rejects the reduction of law as politics and asserts that the two disciplines are mutually interspersed, meaning that there is no pure law or politics but rather the two form work together as a unity as means of the legal system operating effectively and so the debate on whether the law can be said to be anything more than a reflection of political power requires further consideration. Foremost a central theme running through the work of CLS theorists is the concept of the law and politics being deeply intertwined so much that the two rather than being two independent entities have become an unnatural system where political power undermines the legal system.

    • Word count: 4020
  9. Essay on how judges decide cases

    He endeavours to do this by explaining to us the journey of those judgments, starting with the most tentative initial ideas and ending with the ultimate confident exposition that appeared to exclude any possibility of error. However, he also places great emphasis on the point that an enormous disjuncture existed between the surface character of his judgments as they appeared in the law reports or on the internet, and the actual intellectual programme in terms of which they had been devised, created, constructed and formalized.1 It may also be worthwhile to note at this point, that the South African Constitutional Court is largely a court of appeal and by its very nature deals only with borderline cases.

    • Word count: 4299
  10. "Power to Pardon"

    No less estimable Founding Father than Alexander Hamilton, writing in Federalist No. 74, suggests that, "... in seasons of insurrection or rebellion, there are often critical moments, when a well-timed offer of pardon to the insurgents or rebels may restore the tranquility of the commonwealth." While a few Founders suggested involving Congress in the pardons business, Hamilton remained certain the power should rest solely with the president. "It is not to be doubted, that a single man of prudence and good sense is better fitted, in delicate conjunctures, to balance the motives which may plead for and against the remission of the punishment, than any numerous body (Congress)

    • Word count: 6013
  11. In this essay I will explain the methods or rules of statutory interpretation and consider how far judges are willing to go in discovering the true intentions of Parliament.

    In this essay I will explain the methods or rules of statutory interpretation and consider how far judges are willing to go in discovering the true intentions of parliament. In conclusion I will summarize the points given in the essay on how statutes are interpreted and the extent judges will go in discovering the true intention of parliament. The rules of statutory interpretation are as follows; 1. The literal rule. 2. The golden rule. 3. The mischief rule. 4. The purposive rule and finally 5.

    • Word count: 2171
  12. Crown Prosecution Service (CPS)

    The second is the 'public interest test' this takes into account the seriousness of the offence, the more serious the crime than more need there is for conviction in the interest of the public.

    • Word count: 2150
  13. The things which differentiate women from each other are more significant than what unites them. These differences undermine the feminist legal project. Discuss

    According to feminists advocating this approach they claim that women also possess the qualities of being rational, autonomous beings with their central claim being that since women are just as rational as men they are equally entitled to have the same opportunities. They follow the general ideal of liberal thought, but want to further it by unveiling and eliminating the inequalities which liberalism in its argument that all individuals are equal disguises. Their task "is to act within the dominant ideology and seek to eliminate gender-based discrimination - to achieve true equality for women-in all walks of life-without challenging the

    • Word count: 3578
  14. Artificial Intelligence & Law

    My thoughts are interrupted by the knock on the door. I pick up my briefcase and 'employment termination' letter. Taking a last look around my empty office, I walk out, past the two technicians bringing in the machine that is to replace me." Though prima facie, the above scenario seems altogether too unrealistic, the possibility of it coming true cannot be discounted. Technology is making huge advances into the field of law and there is a never-ending debate among members of the legal profession as to whether "software will replace lawyers" This paper aims to examine the various arguments tabled in favor of and against this contention and attempt to provide an answer to the question.

    • Word count: 3207
  15. Free essay

    Local authorities responsibilty to asylum seekers. The question that needs to be considered is whether, the treatment of Mr Ashrif crossed the line between destitute defined in section 95(3) and the condition that was so severe that would properly be desc

    Section 554 does not prevent support being provided to those with dependable children or with certain care needs in this case Mr Ashrif has not notified the council of any dependable child. In this light, it appears that Mohammed has no support under this 2002 Act. On the other hand the continued use of section 55 of the provision leaves the claimant reliant on ad hoc charitable support and with no means of providing for their basic daily necessities. This treatment does not comply with the House of Lords R and Limbeula judgement and is a clear breach of Article 35 of the European convention of human rights.

    • Word count: 3756
  16. Should p*********y be banned?

    However the most recent definition of p*********y in the English Legal System can be found in the Criminal Justice and Immigration Act 20084, which came into force in January of this year. The Act states that "an image is 'p**********c' if it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of s****l arousal5". Effectively there are three different types of p*********y which can be legally defined. These include child p*********y, hardcore p*********y and soft-core p*********y, which is otherwise known as "mainstream p*********y"6.

    • Word count: 3284
  17. What is wrong with inequality?

    states an attractive political ideal.4 The predominant political philosophers in the debate about equality; Rawls, Dworkin and Nozick primarily "seek for equality in some space in their theories - a space that is seen as having a central role in that theory".5 For example, compare Rawls' egalitarian theory of equality with Nozick's. Rawls is interested in equal liberty and equality in the distribution of 'primary goods' where as Nozick demands equality of libertarian rights. Both are seeking different things, but stem centrally from the same idea.

    • Word count: 3200
  18. Ronald Dworkin and his interpretation of natural law and positivism.

    We can indeed simply say that the statement that a particular rule is valid means that it satisfies all the criteria provided by the rule of recognition.' This rule of recognition is a device by which to identify the primary rules of obligation. Ronald Dworkin, Hart's most famous critic argues for the theory of there always being one right answer, one right decision to be made within the law, even if the answer is not apparent. Whereas Hart argues for a set of legal 'rules', Dworkin holds that legal principles4 are more relevant in the development of the law.

    • Word count: 2662
  19. Discuss the following statement with reference to the jurisprudential theories of legal positivism, Dworkin(TM)s anti-positivism and legal realism.

    3 Thus, discarding the tests set for cases of negligence as in the Spartans4 case, would be a more lengthy process when investigating the subject using a positivist methodology, particularly when given the legalistic nature of the concept 'parasitic damages.'5 Indeed, deciding cases on their own individual merit would mean to pay less attention to the law set down in any given statute. Positivists look at what the law 'is' rather than what it 'ought to be' and therefore they are reluctant to take morality into account as this would create uncertainty in the law.6 The limited nature of the

    • Word count: 2953
  20. Judicial Review

    Rachel wanted to have the restaurant up and running by the summer. Rachel has since found out that the restaurant over the road from her premises, "Chandler Bing's", employs Monica as the head chef. ADVISE Rachel whether she may challenge the decision regarding her licence in the Administrative Court. ASSIGNMENT TITLE CITIZEN AND THE STATE LAW LEVEL 1 IN COURSE ASSESSMENT DATE OF SUBMISSION WORD COUNT 1648 (This excludes the footnotes/Appendices, footnote numbers in the text and also the bibliography) Citizen and the State ICA Coursework Judicial Review In this brief essay the process of Judicial Review will be examined thoroughly; including a discussion on the different types of grounds for making a claim and also remedies available to a claimant following a successful claim.

    • Word count: 2673
  21. Pashukanis theory can be utilised to shed light on such issues that ultimately produce inequalities within a capitalist system. Discuss.

    Similarly, Pashukanis insisted that the law creates isolated 'legal subjects' (whether they are individual citizens or multinational corporations). This then becomes the necessary adjunct to capitalist commodity exchange, as he observes that in order for such exchange to take place, individuals necessarily develop a commitment to certain rights. Therefore Pashukanis perceives the bourgeois form of law as a replica of the commodity relation because he believed that the legal relations of atomised citizens revealed the true nature of capitalist relations5.

    • Word count: 1973
  22. Free essay

    Is it possible to offer a definition of Law? What problems affect the attempt to supply such a definition?

    While this is a somewhat morose approach, the analogy seems to work for the most part. Herbert Hart criticises this method, however, calling it a 'distortion and a source of confusion'1 even when the analogy is taken in its simplest form. Hart proposes that laws are simply a set of rules, a positivist theory (legal positivism, natural law and legal interpretivism will be considered in more depth in the next paragraph). A third concept of law was recently put forward by Ronald Dworkin, who criticises Hart and essentially creates the legal school of thought known as legal interpretivism, which rejects

    • Word count: 1877
  23. Of What Value is Gramsci's Concept of Hegemony to our Understanding of Law Today?

    Gramsci possibly encountered the term in the writings of Vincenzo Gioberti, a nineteenth century philosopher who wrote about the power of one province over others, specifically about the power of "Piedmont over the rest of Italy" (Bellamy, p88). From the work of Lenin and others, the term found its way into the documents surrounding the Third International, and somehow it filtered into Gramsci's usage (Adamson, p172-173). In Gramsci's early writings, hegemony was used to designate the socialist strategy by which the blue-collar class rose to an uncontested position of power by making concessions to other groups- the dominating class assumed power by representing itself as the agent for other classes.

    • Word count: 4455
  24. Does Law limit or enhance democracy

    Mill, An Essay on Government) (Held 95). These essential ingredients outlined for an ideal community are similar to that which make up the rule of law; these are, a clear separation of powers, legal certainty, transparency and the principle of legitimate expectation and equality before the law. The importance of the rule of law stems from being able to protect democratic citizens from the government exerting totalitarian regimes. However, as pointed out by Habermas, "one cannot adequately describe the operation of a constitutionally organised political system... without referring to the legitimating force of the democratic genesis of law." (Habermas 287-288).

    • Word count: 3077
  25. Free essay

    The Prince

    Machiavelli's view of human nature, his concept of virtu, and the role of morality in government are the essential skills required by any ruler to establish a safe and thriving state based on one absolute leader. Niccol� Machiavelli has a despairing outlook on humans in society. Common man is described as being a simple-minded deceitful creature, wicked, selfish, and bent on wanting money and glory. "While they work for your benefit they are completely yours, offering you their blood, their property, their lives... when the need to do so is far away...when it draws nearer to you they turn away."(Machiavelli.

    • Word count: 832

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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