Legal positivism - Study guides, Class notes & Summaries

LJU4801 Assignment 1 Semester 1 2023 ANSWERS 100% TRUSTED workings, explanations and solutions. For assistance call or whatsapp us on 079 811 9845 . QUESTION 1 One of the most popular theories for South African courts (in cases of constitutional interpretation) is the intentionalist theory. In terms of this theory a. judges are part of a community of interpreters and this community determines how judges must decide cases. b. judges are constrained by the tradition of the legal system within whi...

In the case of Marbury v. Madison, Chief Justice Marshall stated: 'It is emphatically the province and duty of the judicial department to say what the law is.' Explain the significance of the decision taken by the Supreme Court in Marbury v. Madison. - The case of M v M became a landmark case as it was the first time the SC declared something unconstitutional and established the concept of judicial review in the US; the idea that courts may oversee and nullify the actions of another branc...

Test Bank for Law and Society 3e 3rd Edition by Matthew Lippman. Full Chapters test bank are included - Chap 1 to 13 (Complete Chapters) CHAPTER 1. An Introduction to Law and Society INTRODUCTION DEFINITIONS OF LAW NORMS, MORES, AND FOLKWAYS APPROACHES TO DEFINING LAW SUMMARY OF DEFINITIONS OF LAW DEFINITIONS OF JUSTICE FAMILIES OF LAW THE FUNCTIONS OF LAW THE DYSFUNCTIONS OF LAW THE STUDY OF LAW TWO PERSPECTIVES ON LAW AND SOCIETY CHAPTER SUMMARY...

Jurisprudence Essay on Natural Law and Legal Positivism

LJU4801 Assignment 2 (ANSWERS) Semester 2 2023 - DISTINCTION GUARANTEED. DUE DATE SEPTEMBER 2023 Question 1 Section 9 of the Constitution of the Republic of South Africa, 1996 prohibits discrimination on the basis of sexual orientation. Moreover, the Civil Union Act 17 of 2006 recognizes same-sex marriages. Keeping in mind the positivist theory of adjudication, is the South African position on homosexuality based on law or morality? Discuss. Your answer should not exceed 750 words. (15) N...

Scholars such as J.M. Modiri argue that traditional legal education is flawed because it perpetuates the belief in the existence of one self-evident, purely legal "right answer" and encourages students to "think like a lawyer." Modiri is a proponent of critical legal education, which encourages students to view the law from a variety of perspectives and engage in critical analysis. This essay will explain the distinction between traditional legal education and critical legal education, lead...

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This is a clear summary about all the mandatory readings, (guest)lectures and tutorials from the course 'Comparative Law'. The content of this course will probably be the same during the years, so also helpful for people from different years.

Jurisprudence Questions and Answers 100% Pass Definition of jurisprudence: * This is described as the philosophy or theory of law. It derives from the Latin word, juries prudentia (which means to study *Aquinas in 1809: "the principal and most perfect branch of ethics" *It has been used as a mechanism to set limits to law and also to provide justification for its means by being aware of its ends Normative jurisprudence: *This has already established what jurisprudence is, it aims to understan...

Jurisprudence Essay on Hart and Finnis