Jurisprudence Exam June 2016, questions PDF

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University of Cambridge Law Tripos exam paper....

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LAW TRIPOS Part IB LAW TRIPOS Part II EXAMINATION IN LAW FOR EUROPEAN STUDENTS

Monday 30 May 2016

9 to 12

Paper 47 JURISPRUDENCE Answer three questions. You may use your own copy of any monolingual or bilingual dictionary (except electronic dictionaries and specialised legal dictionaries).

STATIONERY REQUIREMENTS 20 Page Answer Book x 1 Rough Work Book x 1 Tags

There will be 10 minutes’ reading time before the start of this examination. You are not permitted to write, whether in the answer book, on rough paper, or otherwise, during this period. You may not start to read the questions printed on the subsequent pages of this question paper until instructed that you may do so by the Invigilator.

2 1 ‘Whereas justice is an abstract standard by reference to which we evaluate social institutions, law is itself a social institution, open to empirical study. For that reason the nature of justice is a philosophical problem but the nature of law is not.’ Discuss.

2

Explain and evaluate the significance of Hart’s idea of the rule of recognition.

3 Explain Fuller’s idea of formal or procedural legality. Was he entitled to claim that it amounted to an internal morality of law?

4 Do Hart and Dworkin really disagree, or are they pursuing wholly different projects? 5 How helpful is Dworkin’s comparison of law and literature? Can judges usefully be compared to the joint authors of a chain novel?

6 Does law have a distinct purpose, or is it instead an instrument that serves many diverse purposes?

7 ‘Natural law theories show us the need for positive law. Legal positivism is a theory about the character of positive law. So there is no real conflict between natural law and legal positivism.’ Discuss. 8 Can a theory of justice and right be independent of conflicting views regarding human flourishing?

9 Why does Rawls emphasise that his theory is a theory of justice for the ‘basic structure’? Is the idea of the basic structure helpful?

10 ‘In the absence of positive law, the requirements of natural law would be too lacking in determinacy to guide conduct. Nozick overlooks this point, assuming that our natural right of self-ownership will itself entail a detailed body of property rights.’ Discuss.

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