term paper
THEORIES OF ADJUDICATION
LL.M. (1 year)
Take-Home Assignment (AY 2013-14)
INSTRUCTIONS:
This assignment carries 20 marks as part of the overall evaluation in the course. Your responses should be e-mailed to the instructor as MS word attachments, latest by 8 pm on April 4, 2014. Please stick to the word-limits. Needless to say, the quality of the answers can be refined through further research on your own.
1. In the fictional ‘Case of the Speluncean Explorers’, Foster, J. reasons that punishing the explorers for ‘wilfully taking the life of another’ would be pointless since that would not serve the cause of deterrence. Apart from highlighting the unique situation in which the explorers had found themselves, there is also a suggestion that they had regressed back to a ‘state of nature’. Do you find this claim to be a persuasive one? How would you appraise the same? (6 marks, 500-600 words)
2. In your assessment, has the ‘collegium’ model for appointments in the higher judiciary strengthened judicial independence or weakened it? Substantiate your position with reference to the theoretical formulations of judicial independence. (6 marks, 500-600 words)
3. Do you agree with the proposition that public opinion operates as an external constraint on judicial discretion? What are the chief justifications for either accounting for popular views in judicial decisions or alternatively building strong filters against them? Does the relative weight of these justifications bear a connection with the subject-matter of the case that is being adjudicated? (8 marks, 700-800 words)
THEORIES OF ADJUDICATION
LL.M. (1 year)
Take-Home Assignment (AY 2013-14)
INSTRUCTIONS:
This assignment carries 20 marks as part of the overall evaluation in the course. Your responses should be e-mailed to the instructor as MS word
LL.M. (1 year)
Take-Home Assignment (AY 2013-14)
INSTRUCTIONS:
This assignment carries 20 marks as part of the overall evaluation in the course. Your responses should be e-mailed to the instructor as MS word attachments, latest by 8 pm on April 4, 2014. Please stick to the word-limits. Needless to say, the quality of the answers can be refined through further research on your own.
1. In the fictional ‘Case of the Speluncean Explorers’, Foster, J. reasons that punishing the explorers for ‘wilfully taking the life of another’ would be pointless since that would not serve the cause of deterrence. Apart from highlighting the unique situation in which the explorers had found themselves, there is also a suggestion that they had regressed back to a ‘state of nature’. Do you find this claim to be a persuasive one? How would you appraise the same? (6 marks, 500-600 words)
2. In your assessment, has the ‘collegium’ model for appointments in the higher judiciary strengthened judicial independence or weakened it? Substantiate your position with reference to the theoretical formulations of judicial independence. (6 marks, 500-600 words)
3. Do you agree with the proposition that public opinion operates as an external constraint on judicial discretion? What are the chief justifications for either accounting for popular views in judicial decisions or alternatively building strong filters against them? Does the relative weight of these justifications bear a connection with the subject-matter of the case that is being adjudicated? (8 marks, 700-800 words)
THEORIES OF ADJUDICATION
LL.M. (1 year)
Take-Home Assignment (AY 2013-14)
INSTRUCTIONS:
This assignment carries 20 marks as part of the overall evaluation in the course. Your responses should be e-mailed to the instructor as MS word