Exam (elaborations)
Jurisprudence - Exam Tips (1)
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Jurisprudence - Exam Tips (1)
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Jurisprudence - Exam TipsMost important - ANS-Answer the exam question EXACTLY
Answer the AREA OF DISCUSSION CORRECTLY
Exam answers require - ANS-Focus the answer to ANSWER IT EXACTLY
STRUCTURE the Answer
- EVERY PARAGRAPH COUNTS and LEAVE A LINE AFTER EACH PARAGRAPH
- PLAN THE ANSWER
- LOOK for the CENTRAL part of the Answer
- Elaboration is based on UNDERSTANDING WITHIN THE CONTEXT OF THE QUESTIONS
requirement
- be PRECISE (highlight or underline it)
- COMPARISONS begin from the beginning
No questions on - ANS-Natural law
Focus is on - ANS-Legal Positivism - CLS
Legal Positivism - ANS-1) KNOW WHAT IT IS ABOUT
2) What ARE THE CORE IDEAS
3) CONTRAST it with NATURAL LAW : SEPARATION THESIS (B/A) ( separate law from ITS
morality, gives us the distinction btwn NORMATIVE jurisprudence (VALIDITY OF LAW) (for law
to be valid it needs to be consistent with natural law based on lex injusta non est lex) from
analytical jurisprudence
Merit of the law is a different question from what law is. That is a question of what law ought to
be.
4) KNOW WHAT THE LAW IS : IDENTIFICATION THESIS (B/A)
Valid if it FULFILLS the description / DEFINITION of law. Do not question the validity on its
application
5) might need to look at Cicero, Aquinas , Fuller (not so much fuller)
6) EXPOSITORIAL JURISPRUDENCE vs CENSORIAL JURISPRUDENCE
Classical LP, HART, KELSEN - ANS-1) Each came out with their own CONCEPT OF WHAT
LAW IS
2) KNOW WHAT EACH CONCEPT OF LAW IS
- COMMAND THEORY - COMMAND of the SOVEREIGN backed by SANCTION
- CONCEPT OF LAW : SOCIAL RULES, UNION OF PRIMARY AND SECONDARY RULES -
HART
- PURE THEORY OF LAW - KELSEN : LAWS. DIRECTED AT OFFICIALS TO IMPOSE
SANCTIONS UPON OCCURRENCES OF SPECIFIED CONDITIONS - claims the demarcation
is CLEAR
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