Jurisprudence Chapter 1 PDF

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Introduction to Jurisprudence EL Tan 2020

eltan @atc2u.com Jurisprudence will be an alien subject to you because there are no statutes or cases to memorize and apply to the given questions. Instead, Jurisprudence is about philosophy, meaning various writers’ views about life and how it should be lived and the impact of law on our lives. Central to your study will be the conflict between the idea of morality – doing the right thing and law which is mandatory and must be obeyed. We will look at a legal system from the viewpoint of both the citizen and the Sovereign – whose view should prevail? The Examiners expect you to know the relevant legal theories and their impact on past and current law and by extension on current events – in your case, also on political developments – how would the law or legal system be affected? The materials provided as the course progresses will be sufficient for your preparation for the Exam. The exam format has changed from 2017 – A Case study from a jurisprudential viewpoint will be given by the Examiner in Section A of the Exam. You are required to answer one out of three questions about the set Case. Section B of the Exam paper will consist of nine questions on various areas of the syllabus from which you are required to answer three questions. The relevant topics : Early Natural Law, Modern Natural Law - Lon Fuller, John Finnis; Command Theory [Jeremy Bentham, John Austin], Hans Kelsen, HLA Hart, Ronald Dworkin, Joseph Raz, Marxism, Feminism and Liberalism, The Examiners already know what these various writers said - Examiners want to know what YOU think about the various theories and how they relate to delicts [events/ case facts ] today – what should be the correct law? The Examiners want you to demonstrate how philosophy/ legal theory can be applied to ongoing life/ political/social issues.

Reading list ; Penner, J.E. and E. Melissaris: McCoubrey & White’s textbook on jurisprudence. (Oxford: Oxford University Press, 2012) fifth edition [ISBN 9780199584345] [get latest edition] Freeman, M. (ed.) Lloyd’s introduction to jurisprudence. (London: Sweet & Maxwell, 2014) ninth edition [ISBN 9780414026728]. [get latest edition] Hart, H. The concept of law. (Oxford: Oxford University Press, 2012) third edition [ISBN Paperback 9780199644704 Hardback 9780199644698]. [get latest edition]

Juristic conceptions: EL Tan 2020 John Austin Law is a command of the Sovereign enforced by sanctions with generality of application [throughout the country].

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Lon Fuller So long as law complies with the eight principles of legality or Inner Morality of Law, it is valid. Evil Law does not deserve the status of valid law. John Finnis Law should reflect the seven basic human goods and follow the nine guidelines for practical reasonableness [practical thinking or right reason in nature or thinking the right way]. Hans Kelsen; ‘Law is a transcendental epistemological postulate..’ HLA Hart My book is an essay in descriptive sociology Ronald Dworkin; Law as/ is morality – all moral principles are legal principles, any argument about law is legal in nature. ‘We abandoned religion for progress in the Twentieth Century but now find at the cusp of the Twenty-first Century that the most controversial issues facing mankind are religious ones.’ Joseph Raz ‘Morality ends where law begins’. Frederick Schauer John Austin was correct to say that the central concept of law is coercion – without coercion there is no law. Karl Marx: ‘The philosophers have only interpreted the world, in various ways. The point, however, is to change it. History repeats itself, first as tragedy, second as farce. Religion is the sigh of the oppressed creature, the heart of a heartless world, just as it is the spirit of a spiritless situation. It is the opium of the people.’ Martha Nussbaum Human beings are different from animals, plants and gods.

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Jurisprudence Question 2018 Oct

9. ‘However we may wish to think that we live in conditions of rule of law, we live in fact in a world that is vulnerable to virtually unlimited executive power. In other words, Bentham and Austin were right all along.’ Discuss

CORONAVIRUS LEGISLATION AND THE COMMAND OF THE SOVEREIGN April 2, 2020 Jurisprudence, News, Undergraduate Laws One comment This post has been contributed by Professor Jill Marshall, Module Convenor for Jurisprudence and legal theory. John Austin describes law as the command of the sovereign backed by a sanction. This imperative, command, power or coercive theory of law was criticised by fellow legal positivist HLA Hart. Can Austin’s theory explain ‘what law is’ today in the current COVID19 global pandemic?

In the UK this week, the government rushed emergency legislation through both Houses of Parliament and the Coronavirus Act 2020 (‘the Act’) received Royal Assent on 25 March 2020. This new emergency law is for a two year period and subject to six monthly reviews. It has been 3

described by a senior police officer as the most draconian law he has ever seen. The legislation gives the government wide-ranging powers to respond to the current coronavirus pandemic. The Act has three main objectives to: • give further powers to the government to slow the spread of the virus; • reduce the resourcing and administrative burden on public bodies; and • limit the impact of potential staffing shortages on the delivery of public services. It embodies the ‘strong arm of the law’ through enforcement of the ‘coronavirus lockdown rules’ of self-isolation and social distancing. Anyone breaking these rules will be breaking the law and face arrest. New powers given to police in England mean no-one will be allowed to leave their home “without reasonable excuse”. To ensure people stay at home and avoid non-essential travel, police will be able to order people to go home, leave an area or disperse. The new powers mean officers can fine people and those not paying up can be taken to court. The Home Office, in announcing the new rules, said that “in the first instance, the police will always apply their common sense and discretion.” Law, properly so called, according to Austin, is based on a conception of sovereignty derived from long traditions of political thought, most famously and fully developed by Thomas Hobbes. The sovereign commands and a sanction applies for non-compliance: thus is law defined with clarity and separation from other concepts such as morality. Law is what is posited by these human and social processes. According to this positivist position, law is the object of scientific study: the identification of something as law or legally valid is determined not by prescription or moral evaluation. The Act, as the command of the sovereign, is therefore Law. The morality of its implications for our personal freedom is separate issue, according to this school of thought.

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Jurisprudence study guide chapter 3 W Morrison Jurisprudence from the Greeks to post-modernism (London: Cavendish 1997) Independent, news online: Coronavirus: Emergency legislation becomes law, giving ministers unprecedented powers to tackle outbreak BBC, news online: Coronavirus: Police get new powers to enforce protection

lvjo1 says:April 3, 2020 at 11:51 am

Trading liberty for safety during unprecedented pandemic time. Life V/S Death 4...