Jurisprudence Essays

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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

Criminal Law Murder

Criminal Law Murder The most serious offence that Marion could be charged with is the murder of Spike and Toby. Murder is defined in law as causing the death of a human being within the Queen’s peace with the intention to kill or cause grievous bodily harm. Therefore murder comprises of two elements, these are […]

Pages: 5 Words: 1502 Topics: Causation, Common Law, Crime, Criminal Law, Ethical Principles, Jurisprudence, Mens Rea
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How The Courts Have Developed The Law In Relation To Claims For Psychiatric Harm By Secondary Victims

Date authored: 12 th August, 2014. Introduction There has been judicial comment in Australia that in relation to claims for psychiatric harm, the law has progressed haphazardly or pragmatically rather than logically or scientifically: [1] “The ways in which the law of liability for nervous shock has been developed by courts in England and here, […]

Pages: 12 Words: 3630 Topics: Abuse, Civil Law, Ethical Principles, Jurisprudence, Morality, Negligence, Social Issues

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

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

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

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

Similar Fact Evidence

The law of evidence is a system under which facts are used to determine the rights and liabilities of the parties. Evidence proves the existence of “facts in issue” or infers them from related facts. One of the fundamental considerations of criminal evidence law is the balance of justice to the accused against wrongful convictions, […]

Pages: 9 Words: 2835 Topics: Common Law, Criminal Law, Ethical Principles, Evidence, Jurisprudence, Mens Rea, Morality

Law and morality

Title: “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) […]

Pages: 4 Words: 1312 Topics: Jurisprudence, Justice, Morality, Political Science, Social Institutions

Jurisprudence on the Right of Ownership and Possession

Right in ownership and possession Jurisprudence 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 […]

Pages: 9 Words: 2835 Topics: Concept, Ethical Principles, Government, Jurisprudence, Justice, Ownership, Social Institutions, 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

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: 2036 Topics: Business Law, Civil Law, Common Law, Contract, Contract Law, Ethical Principles, Jurisprudence, 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

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

Feminist Jurisprudence

Published: 13th September, 2016 Last Edited: 7th March, 2017 Brief 215632 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 […]

Pages: 8 Words: 2353 Topics: Ethical Principles, Feminism, Jurisprudence, Natural Law, Positivism, Social Institutions, Virtue

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

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

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

Burden Of Proof In Criminal And Common Law

“He who asserts must prove”. This statement of law allows us to understand that in criminal cases the onus of proof rests with the prosecution and that the standard of proof is one that must be satisfied beyond a reasonable doubt [1] . However, there are exceptions to this in the form of both statutory exceptions and […]

Pages: 5 Words: 1399 Topics: Burden Of Proof, Comparative Law, Criminal Law, Deviance, Ethical Principles, Evidence, Jurisprudence, Morality

A Problem Question on Tort Law

1 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 […]

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

Teaching Strategies Dyspraxia | Education Dissertation

What teaching strategies can be used to enable children with Dyspraxia to become integrated Dyspraxia is a learning disability that comes in three forms verbal, motor and oral whereby the child may have average or above average intelligence but the brain works in a different manner it is hard for the child to demonstrate their […]

Pages: 34 Words: 10177 Topics: God, Human Rights, Jurisprudence, Justice, Learning Disability, Rights, Teacher