Jurisprudence Essays

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18 essay samples found

A Problem Question on Tort Law

Question 1  Yes, Barack is liable to Theo-Paul under the tort of negligence. The negligence part of tort law involves unintentional harm caused by one’s carelessness. Proving negligence entitles the injured plaintiff to being compensation for the injury to their body, property, emotions, financial status, intimate relationships or reputation. One must prove the resulting harmso […]

Pages: 8 Words: 2387 Topics: Civil Law, Comparative Law, Duty, Duty Of Care, Jurisprudence, Negligence, Tort, Tort Law, Virtue

Institutional Functions and Disparate Connotations

In contemporary political and legal beliefs, the term civil law indissolubly provides perplexing connotations. Many harbingers ostensibly understand the term civil law as a substantive area of law which preluded in the times of Ancient Rome. Conversely, individual’s familiar and residing in common law jurisdiction understand civil law to be a private area of law […]

Pages: 6 Words: 1856 Topics: Burden Of Proof, Civil Law, Common Law, Crime, Jurisprudence, Political, Political Science, Virtue
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Rights-based Struggles

Rights-based struggles have proved counterproductive in contexts of sexuality. The importance of rights, and more specifically, civil liberties, can be seen as the legal and political expression of our society. Philosophical notions of autonomy, self-fulfilment, and self expression, in terms of sexuality, have made privacy interests relevant to freedom of action and lifestyle, not merely […]

Pages: 14 Words: 4217 Topics: Crime, Discrimination, Homosexuality, Jurisprudence, Liberty, Rights, Sexual Orientation

Contrast Liability in Tort

Contrast liability in tort with contractual liability Tort: A tort is a legal term which describes a civil wrong that can be redressed by awarding damages. The term describes violation where one person causes damage to other person. When there is a breach of duty of care done unintentionally, it causes tort of negligence. Accidents […]

Pages: 7 Words: 2082 Topics: Contract, Duty Of Care, Government, Jurisprudence, Negligence, Social Institutions, Tort, Tort Law

Feminist Jurisprudence

In order to answer this question one must first assess and consider the theory of feminist jurisprudence. This will require an in-depth analysis of the theory and the principles of postmodernism. Further, in order to answer this question one must assess the principles that interpose themselves in law, namely the role of sex. Feminist jurisprudence […]

Pages: 8 Words: 2345 Topics: Ethical Principles, Feminism, Jurisprudence, Natural Law, Positivism, Social Institutions, Virtue

Judicial Discretion and Jurisprudence

Moral questions impact the law at every corner. A rigid separation between morality, law, and discretion is implausible and, as Wacks defines it, “an improbable enterprise.”[1] In theory and in practice, the judiciary functions as the crux of the common law in Hong Kong. It is therefore in judicial discretion that the perception of law […]

Pages: 9 Words: 2634 Topics: Common Law, Ethical Principles, Government, Jurisprudence, Justice, Political Science, Social Institutions, Virtue

How do we Safeguard Human Rights?

‘Safeguarding Human Rights lies less in new laws, than in new interpretations’. Discuss with reference to the United States and the United Kingdom Introduction Both sides of the proposition posed in the title question are fraught with difficulty. Human history, particularly as it unfolded in the twentieth century, confirmed that national and supranational treaties and […]

Pages: 17 Words: 5028 Topics: Ethical Principles, Government, Human Rights, Jurisprudence, Political Science, Rights, Social Issues

Innominate Contracts

What were the innominate contracts? Where did they come from and why were they important? The very term innominate (literally âwithout name) is potentially confusing since these so-called contracts are named very specifically. The term refers to their place in the system of classification of contracts in Roman Law rather than their possessing the characteristic […]

Pages: 7 Words: 2033 Topics: Business Law, Civil Law, Common Law, Contract, Contract Law, Ethical Principles, Jurisprudence, Virtue

Introduction to Negligence

Discuss what is meant by a ‘duty of care’ in the tort of negligence. Explain the test which is applied in the tort of negligence to determine whether the defendant breached the legal duty of care owed to the claimant. What factors would a court take into account when determining how a reasonable person would […]

Pages: 10 Words: 2925 Topics: Abuse, Comparative Law, Duty Of Care, Ethical Principles, Jurisprudence, Morality, Negligence, Tort

Jurisprudence on the Right of Ownership and Possession

Introduction The concept of ownership and possession is one of the fundamental juristic concepts common to all systems of law. This concept of ownership has been discussed by most of the writers before that of possession. However, it is not the right method. The idea of possession came first in the minds of people and […]

Pages: 9 Words: 2829 Topics: Concept, Ethical Principles, Government, Jurisprudence, Justice, Ownership, Social Institutions, Virtue

Law and Morality

“The ultimate basis for adhering to the positive thesis of the conceptual differentiation of law and morals is itself a moral reason. The point is to make sure that it is always open to the theorist and the ordinary person to retain a critical moral stance in face of the law which is.” (MacCormick).   Introduction  […]

Pages: 4 Words: 1290 Topics: Jurisprudence, Justice, Morality, Political Science, Social Institutions

Is Legal Reasoning Different from Political Reasoning?

Theory of Law & Justice Assignment Question: Is legal reasoning essentially different from the reasoning of politicians? If not, why not? If it is essentially different, in what way is it different? Justify your answer by reference to the views of relevant legal theorists. Introduction It is noteworthy that the legal and political systems are […]

Pages: 10 Words: 3046 Topics: Common Law, Ethical Principles, Jurisprudence, Morality, Political, Reasoning, Rights, Virtue

Right Answers and Hard Cases

In legal reasoning, the idea that a right answer can be found in hard cases is pure fiction. Discuss. Introduction It is often said that ‘hard cases make bad law’, but it is submitted by way of an opening observation that categorical statements regarding the law and its modus operandi are misleading at best and […]

Pages: 11 Words: 3287 Topics: Ethical Principles, Jurisprudence, Justice, Social Institutions

Roscoe Pound and Sociological Jurisprudence

INDEX Roscoe Pound – Introduction Social Engineering Interest Theory Jural Postulates Criticism Case Law Conclusion Bibliography Roscoe Pound – Introduction Roscoe Pound was one of the leading figures in twentieth-century legal thought. As a scholar, teacher, reformer, and dean of Harvard Law School, Pound strove to link law and society through his “sociological jurisprudence” and […]

Pages: 10 Words: 2872 Topics: Jurisprudence, Justice, Social Institutions

Introduction to Statutory Interpretation

Statutory Interpretation Abstract: The means of interpreting the Acts of Parliament by judges is called statutory interpretation. Common Law: Is a law formulated by judges with the aid of conclusions of a court to follow the aid of a legislative process by the executive branch. The legal system of a common law states that, it […]

Pages: 10 Words: 2867 Topics: Common Law, Comparative Law, Ethical Principles, Jurisprudence, Social Institutions, Statutory Interpretation, Virtue

A Natural Law View on Assisted Suicide

To the common person, the term natural law may not hold much significance or may register in their mind as a type of law that is of the earth or based on nature. While this may seem like the right definition, it is not the case. The idea of Natural law is one which has […]

Pages: 8 Words: 2546 Topics: Assisted Suicide, Euthanasia, Happiness, Jurisprudence, Morality, Natural Law, Reasoning, Thomas Aquinas

The Utility of Computers in a Forensic Science

Forensic science has been available since the 7th century and is the ‘application of science to legal matters’ (Hopwood, Leiner, & Young, 2012). Inure the reality of forensic science has been circumference for a very long time, and it would presume that, it has elaborate and alter to aggrandized disillusioned with several privileges and possessions. […]

Pages: 3 Words: 1027 Topics: Criminal Justice, Criminal Law, Forensic Science, Jurisprudence

All about Forensic Science

Forensic science, also known as criminalistics, also known as the application of science to criminal and civil laws, mainly on the criminal side during criminal investigation, by the legal standards of admissible evidence and criminal procedure. Forensic science collect, preserve, and analyze scientific evidence during the course of an investigation. While some scientists travel to […]

Pages: 4 Words: 1093 Topics: Forensic Science, Jurisprudence
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