The thing that most clearly differentiates the various feminist theories of law is the extent to which they regard the female body as the focal location of male oppression & female subordination. 2012 ZB Highlighting women’s injuries and actual harm Although a centre of focus has been on the prevalence of rape and the treatment of rape victims‚ rape is not viewed as an isolated phenomenon but as the most prominent example of activities which maintain women in a subjugated position and which have
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6 A master rule for law: Hart’s rule of recognition Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .80 6.1 6.2 6.3 Identifying the rule of recognition . . . . . . . . . . . . . . . . . . . . .81 Criticism of the rule of recognition . . . . . . . . . . . . . . . . . . . . .83 The Postscript . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .85 Reflect and review . . . . . . . . . . . . . . . . . . . . . . . . . . . . .89 page 80 University
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JURISPRUDENCE NATURAL LAW INDEX . Meaning of natural law. . Theories of natural law :-> Ancient theories 1- Socrates 2- Aristotle 3- Stoics 4- Dark age :-> Medieval theories 1- Acquinas :-> Renaissance theories 1- Social contract theory 2- Hobbes 3- Rousseau :-> Modern theories 1- Hart 2- Finnis . Conclusion . Meaning of natural law. In jurisprudence‚ the term Natural Law means those rules and principles which are considered to have emanated from some supreme
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1.Evaluate the views of the Critical Legal Studies School of jurisprudence. What are the benefits and drawbacks of using broad notions of fairness in deciding cases? The theory of Critical Legal Studies removes the common held standards and aspects of general legal practices and looks to establish a more rounded and equitable remedy in all concerned situations. It is perceived that the law and its makers look only to protect the interests of those that are in power and that of the overwhelming
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Jurisprudence – Meaning and Scope Jurisprudence is the study and theory of law. Bentham was the first one to analyse what is law. He divided his study into two parts: 1. Examination of Law as it is- Expositorial Approach- Command of Sovereign. 2. Examination of Law as it ought to be- Censorial Approach- Morality of Law. Two main streams are: 1. Natural Law: or the law of nature. Human laws that come from enternal (never ending) and unchangable. It is a system of law that is determined by nature
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place of natural law in Kenya’s Jurisprudence Natural law propounds that true law is right reason in agreement with nature. It denies that the conditions of legal validity of laws are purely a matter of social fact. Natural law is based on the principle that although man exists in nature‚ he has his own nature. The nature of man is to procreate‚ protect his family and preserve his life. Natural law is the law which helps man to achieve these objectives. In general‚ the natural law theory seeks universality
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| G34/2603/2010 | | ALTERNATIVE DISPUTE RESOLUTION COURSE FACILITATOR: MR.L ALOO OBURA SUBMITTED 27TH AUGUST 2013.MERITS AND DEMERITS OF AN INSTITUITONAL AND LEGAL FRAMEWORK FOR TRADITIONAL DISPUTE RESOLUTION. | INTRODUCTION The Constitution of Kenya 2010 was a timely panacea to revolutionize the systems of justice and the delivery thereof. Previously‚ the justice system was bedeviled by technicalities; obsolete provisions among others inefficiency and corruption at the detriment of
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INTRODUCTION The board platform on which this jurisprudence rests is the Commonwealth Caribbean’s common historic‚ political‚ economic and cultural experiences; our mutual history of slavery‚ indenture‚ displacement‚ resistance and struggle. In exercising their supreme and original right to establish the principles for their future government‚ the sovereign ‘people’ have chosen to organize their government into its various departments. One of these departments is the Judiciary – the Court itself
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ROSCOE POUNDS on SOCIOLOGICAL JURISPRUDENCE. MISS-JYOTI RAMAKANT NAVELKAR F.Y. LLM. SEMESTER- I PAPER-LEGAL THEORY PART-I G. R KARE COLLEGE OF LAW. 1 Contents Name Pg. No. A} INTRODUCTION 3 -5 B} ROSCUE POUND 6-15 THEORY C} CRITICISM AGAINST 16-19 POUND THEORY BIBILOGRAPHY 20 2 CHAPTER-I INTRODUCTION Roscoe pound was born on October 27‚ 1870‚ in Lincoln Nebraska toStephen Bosworth Pound and Laura Pound.Pound studied botany at the University of Nebraska in Lincoln‚ where he became
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ANALYTICAL JURISPRUDENCE Analytical jurisprudence is a method of legal study that concentrates on the logical structure of law‚ the meanings and uses of its concepts‚ and the formal terms and the modes of its operation. It draws on the resources of modern analytical philosophy to try to understand the nature of law. It is not concerned with the past stages of its evolution or its goodness or badness. Law exist as it is‚ regardless of good or bad‚ past or future. “a law‚ which actually exist‚ is
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