THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS

UNIVERSITY OF LONDON

LA3005

ZA

DIPLOMA IN THE COMMON LAW LLB ALL SCHEMES AND ROUTES

BSc DEGREES WITH LAW

Jurisprudence and Legal Theory Tuesday 14 May 2013: 10.00 13.15

Candidates will have fifteen minutes during which they may read the paper and make rough notes ONLY in their answer books. They then have the remaining THREE HOURS in which to answer the questions.

Candidates should answer ONE question from SECTION A (The Set Book) and THREE questions from SECTION B of the following TWELVE questions.

Candidates should answer all parts of a question unless otherwise stated.

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SECTION A (The Set Book) 1. What were Harts aims in The Concept of Law and did he accomplish them? What does it mean to say that the rule of recognition is the master rule in Harts theory of law? In the Postscript to The Concept of Law, H.L.A. Hart argues that Ronald Dworkins critique misses its target. Whereas Dworkin talks about what the law is, Hart is only interested in clarifying what law is. Critically discuss whether this argument successfully defends Hart against Dworkins criticism.

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SECTION B 4. How does Marxs concern with the material conditions of life inform his thinking? What consequences does that have for a Marxist perspective on law?

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Why should we want an authority to mediate between us and reasons which apply to us?

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Critically discuss whether feminist legal theory inescapably relies on an essentialist understanding of gender. [I]n spite of the difference which exists between the criminal and the civil sanction, the social technique is in both cases fundamentally the same. (Kelsen, General Theory of Law and the State). Discuss. Law is an instance of practical reason. It is therefore inextricably linked to the common good. Discuss.

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9.

If a judge accepts the settled practice of his legal system if he accepts, that is, the autonomy provided by its distinct constitutive and regulative rules then he must accept some general political theory that justifies these practices. (Dworkin, Taking Rights Seriously). Discuss. What is an imperative theory of law, and what are the strengths and weaknesses of such a theory?

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How, if at all, can a legal theorist produce a complete account of what law is? In what way and to what extent is Hohfelds classification of rights useful?

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