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Summary JURISPRUDENCE: readings and notes

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  • Course
  • (PVL3006S)
  • Institution
  • University Of Cape Town (UCT)

- summaries of 19 readings - Extra notes - Useful links and videos - Test feedback - suggested outlines for the 2 essays as well as tips INCLUDES: - The Province of Jurisprudence Determined by Austin -The Concept of Law by Hart -Authority Law and Morality by Raz -Positivism and the Se...

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Document information

  • October 26, 2023
  • November 1, 2023
  • 209
  • 2023/2024
  • Summary

Subjects

  • jurisprudence

Written for

  • University of Cape Town (UCT)
  • (PVL3006S)

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Kaya Borkowski



Jurisprudence
Exam Notes


Content
(Note the page count for the following is the amount of pages before summarised)

Prof. Fagan’s Section

- Notes on reading
- Lecture notes
- Test feedback


- The Province of Jurisprudence Determined by Austin
- Reading (32 pages) and lecture notes (21 pages) (53 pages total)*

- The Concept of Law by Hart
- Reading (40 pages) and lecture notes (27 pages) (67 pages)


- Authority Law and Morality by Raz
- Reading (30 pages) and lecture notes (26 pages) (86 pages)

*(Note the page count for the following is the amount of pages before summarised, just put
there to show the original number of pages for each reading)


Dr. Moshikaro’s Section

- Summaries of readings
- Useful links
- Feedback from test

- Positivism and the Separation of Law and Morals by Hart (38 pages)
- Positivism and Fidelity to Law by Fuller (44 pages)

- The Morality of Law by Fuller (58 pages)
- Positivism and Legality: ‘Hart’s Equivocal Response to Fuller’ by Waldron (35 pages)

- Law as a Branch of Morality: The Unity of Practice and Principle by TRS Allan
(20 pages)

- Tutorial
- The Rule of Good Law by Foran (26 pages)



Distribution of this document is illegal

,Kaya Borkowski



Dr. Boonzaiers Section

- Summaries of readings
- Additional notes

- Thinking Like a Lawyer by Schauer (29 pages)
- Playing by the Rules by Schauer (23 pages)

- ‘Positivism and the Separation of Law and Morals’ by Hart (9 pages)
- ‘Positivism and Fidelity to Law—A Reply to Professor Hart’ by Fuller (9 pages)

- 'Law and Value in Adjudication' in his The Authority of Law (30 pages)


Prof. Barnard-Naude’s Section

- Summaries of notes provided
- Useful link
- Suggested essay outline and tips

- Holocene Jurisprudence by Pottage (lecture notes summarised) (6 pages)
- From Global to Anthropocenic Assemblages: Re-Thinking Territory, Authority
and Rights in the New Climatic Regime by Daniel Matthews (14 pages)


Judge Davis’ Section

- Summaries of readings
- Class notes
- Suggested essay outline and tips

- ‘Critical Legal Realism in a Nutshell’ by Klare & Davis (22 pages)
- Ngcukaitobi ‘The birth of constitutionalism’ (9 pages)
- Madlingozi ‘South Africa’s first black lawyers’ (13 pages)




Jurisprudence
Prof. Fagan’s Section

206 pages summarised in 48

Contents



Distribution of this document is illegal

,Kaya Borkowski



- The Province of Jurisprudence Determined by Austin
- Reading (32 pages) and lecture notes (21 pages) (53 pages)


- The Concept of Law by Hart
- Reading (40 pages) and lecture notes (27 pages) (67 pages)


- Authority Law and Morality by Raz
- Reading (30) and lecture notes (26 pages) (86 pages)

The Province of Jurisprudence Determined
Austin

(32 pages summarised in 9)



Content
- Page by page summary of reading
- Lecture Notes
- Feedback from test


Analysis of Lectures
- This is an intro where Austin sets out what he will do in each lecture and provides some
definitions

- Laws proper = commands
- Laws improper = not commands

Types of Laws
- 1. The divine laws, or the laws of God: that is to say, the laws which are set by God to
his human creatures
- 2. Positive laws: that is to say which form the appropriate matter of general and
particular jurisprudence
- 3. Positive morality, rules of positive morality, or positive moral rules.
- 4. Laws metaphorical or figurative, or merely metaphorical or figurative




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, Kaya Borkowski




- positive laws are related in the way of resemblance or by analogies to the following
objects:
1.In the way of resemblance, they are related to the laws of God.
2. In the way of resemblance, they are related to those rules of positive morality
(which are laws properly so called)
3. And by a close or strong analogy, they are related to those rules of positive
morality which are laws set by opinion
4. By a remote or slender analogy, they are related to laws metaphorical, or
laws merely metaphorical.

- The principal purpose of the six ensuing lectures, is to distinguish positive laws (the
appropriate matter of jurisprudence) from the others (which they are connected by ties of
resemblance and analogy)

Outline
- Lecture 1: I state the essentials of a law or rule. In other words, I determine the
essence or nature which is common to all laws that are laws properly so called.
- Lecture 2: I briefly determine the characters or marks by which the laws of God are
distinguished from other laws. I divide the laws, and the other commands of the Deity,
into two kinds: the express, and the tacit as well as three hypotheses (the pure
hypothesis or theory of general utility, the pure hypothesis or theory of a moral sense;
thirdly, a hypothesis or theory mixed)
- Lecture 3 and 4: the three hypotheses as in lecture 2
- Lecture 5: I distribute laws or rules under two classes: First, laws properly so called,
with such improper laws as are closely analogous to the proper; secondly, those



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