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UNlVERSlTl TEKNOLOGI MARA

FINAL EXAMINATION

COURSE

COURSE CODE

: LAW5311327

DATE

: 1 APRIL2005

TIME

: 3 HOURS (2.45 P.M. 5.45 P.M.)

SEMESTER

JURISPRUDENCE I

NOVEMBER 2004 - APRIL 2005

NS TO CAPART A (5 Questions)
PART B (3 Questions)
PART C (1 Question)

I.

This question paper consists of THREE (3) parts :

2.

Answer ALL questions in Part A and C and any TWO (2) questions in Part 6 . Start each
answer on a new page.

3.

Candidates are strongly advised to allocate not more than 60 minutes for answering
questions in PART A.

4.

Answer to each question must be written in the answer booklet

5.

Do not bring any material into the examination room unless permission is given by the
invigilator.

6.

Please check to make sure that this examination pack consists of:
i)
the Question Paper
an answer booklet - provided by the Faculty
ii)

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO

This examination paper consists of 4 printed pages
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LWIMAR 2005lLAW5311327

PART A
QUESTION 1

State the elements of Hart's primary and secondary rules.

(6 marks)
QUESTION 2

Explain Kelsen's idea of the Grundnorm.

(6 marks)
QUESTION 3

Elaborate on what you understand by Austin's 'laws improperly so called'

(6 marks)
QUESTION 4

Explain what Savigny meant when he stated, "Law grows with the growth and strengthens
with the strength of the people, and finally dies away as the nation loses its nationality".
(6 marks)
QUESTION 5

State the eight (8) desiderata which, according to Fuller, would provide coherence, logic and
order in a legal system.
(6 marks)

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PART B

QUESTION 1
"Uncertainty is often the result when we look for meaningful answers to questions which on
the surface appear simple. So it is with jurisprudence. At its simplest jurisprudence may be
defined as the corpus of answers to the question 'what is law?'..."
W. Morrison, Jurisprudence: From the Greeks to Post- Modernism, 2000 at p.1
Explain why the question referred to above which has been posed from at least the time of
classical Greeks, some 2, 500 years ago has not to date found a settled answer.
(20 marks)
QUESTION 2
Discuss the applicability of J.S. Mill's 'harm to others' test to the case of Lawrence and
Garner v Texas (No. 02 - 102 Supreme Court of the U.S) and compare it with Islamic ideas
on privacy.
(20 marks)
QUESTION 3
Despite the fact that people do hate jurisprudence, nevertheless, they must concede that it is
a subject essential to the making of a good lawyer.
Critically comment
(20 marks)

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PART C
QUESTION 1
"Laws must intervene in order to end the agony of the people of Iraq and Palestine."
You are required to do the following:
a)

Discuss the above statement in the context of the following schools of thought:
1)

Natural Law

ii)

Positivist

(8 marks)
(8 marks)

iii)

Historical and Anthropological

(8 marks)

b)

Explain which school of thought is, in your view, the most appropriate towards
achieving the above end.
(6 marks)

END OF QUESTION PAPER

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