LAW30180 Jurisprudence Assignment Example UCD Ireland

In this course, we will explore the nature and function of law through a diverse range in history. Jurisprudence involves examining approaches to law in different cultures and time periods, like ancient Rome, medieval Europe, Victorian Britain, Soviet Russia, and contemporary Ireland. Additionally, the course will focus on specific themes such as theories of adjudication, rights, and the relationship between law and morals. The material is vast but it provides a comprehensive understanding of the law.

Get Solved Assignment for LAW30180: Jurisprudence

In this course, there are many types of assignments given to students like individual assignments, group-based assignments, reports, case studies, final year projects, skills demonstrations, learner records, and other solutions given by us.

By the end of the module, students should be able to:

Assignment Task 1: Identify conventional issues relating to the nature and function of law

There are a number of conventional issues which have been raised in relation to the nature and function of law. These include:

Is there a distinction between law and morality?

This is known as the “is/ought” problem. The term was first coined by David Hume, but the question it refers to has probably existed for much longer. An argument that there is a distinction between law and morality is based on the idea that law is created by humans, whereas morality arises from some other source, such as God.

What is the purpose of the law?

This is a question that has been debated by jurists for centuries. Some people argue that the purpose of the law is to maintain social order, while others believe that the law should be used to protect individual rights.

What is the role of the judge?

This question was famously debated by two of the most famous jurists of all time, John Austin and Jeremy Bentham. Austin argued that judges should strictly enforce the law, while Bentham believed that they should use their discretion to ensure that justice is done.

What role does the legal profession play?

Among those who accept that law serves a purpose, there is much debate as to exactly what that purpose is. Some people believe that lawyers have a duty to use their training and skills to ensure justice for those whom they represent. However, other people argue that lawyers have no duty to represent anyone, and so are entitled to choose which cases they work on.

Assignment Task 2: Critically assess the work of individual legal theorists

In addition to discussing general issues relating to the nature and function of law, this course will also focus on the work of individual legal theorists. These include:

John Austin

Austin was a 19th-century jurist who argued that law should be strictly enforced. He is best known for his work, The Province of Jurisprudence Determined, which was published in 1832. In it, he argues that law is a command from the sovereign, enforced through the use of coercion by the state. He distinguishes between primary rules and secondary rules and claims that only primary rules are enforceable through coercion

His work has been immensely influential, especially among those who believe that law should serve a primarily utilitarian function.

Jeremy Bentham

Bentham was a jurist and philosopher who lived in the 18th and 19th centuries. He is best known for his work, An Introduction to the Principles of Morals and Legislation, which was published in 1789. In it, he argues that law should be based on utility and that the purpose of the law is to create the greatest happiness for the greatest number of people. He also developed the concept of “felicific calculus” which can be used to calculate the amount of pleasure and pain that is caused by different actions

Bentham’s work has been hugely influential, and his ideas about utilitarianism are still widely discussed and debated.

Hermann Cohen

Cohen was a 20th-century philosopher who wrote about the relationship between law and morality. He argued that law should be based on reason and that it is possible to identify objective moral principles which should be followed by lawmakers. His work has been influential among legal theorists who believe in the concept of natural law.

Joseph Raz

Raz was a 20th-century legal scholar who took the view that law should be based on democratic values. He argued that law is justified if it can be shown to have been consented to, either explicitly or tacitly, by those people whom it affects. His work has influenced theorists who believe in legal positivism.

Roscoe Pound

The pound was an American jurist who took the view that law should be used to promote justice. He was critical of legal pragmatism and argued that judges have a duty to ensure fairness when they make decisions. His work has been hugely influential in America, especially in relation to the concept of judicial activism.

Assignment Task 3: Analyze theories on specific jurisprudential themes

In addition to discussing the above legal theorists, this course will also focus on specific jurisprudential theories. These include:

Legal Positivism

Legal positivists believe that law is a social fact and is distinguished from morality by its source in human agreement. They argue that there is no necessary connection between law and morality, and that law can be valid even if it contravenes accepted moral standards. Some positivists believe that the rule of recognition (the mechanism by which new laws come into force) is vital to ensuring that legislation has legal power. Others argue that legislation with sufficient political support can be considered law, regardless of how it was originally formulated

Legal Positivism has been hugely influential, especially in the field of jurisprudence. It has been criticized for its simplistic view of the law, and its inability to deal with cases where there is a conflict between law and morality.

Natural Law

The natural law theory holds that there are certain moral principles that are inherent in human nature and which should be followed by lawmakers. It is based on the idea that there is a connection between law and morality, and that law should be based on reason rather than on human agreement. Natural law has been criticized for its idealism, and for its inability to deal with the complexities of real-world legal systems.

Legal Pragmatism

Legal pragmatists believe that law should be practical and that judges should make decisions based on the outcomes that they produce. They argue that law should be divorced from morality and that it is more important to focus on the effects of legal decisions than on the intentions of the lawmakers. Legal pragmatism has been criticized for its lack of principle, and for its tendency to lead to the arbitrary exercise of power by judges.

Judicial Activism

Judicial activism is the view that judges should use their power to promote justice, even if this means challenging the decisions of the legislature. It is based on the idea that the judiciary should be independent of both the executive and the legislative branches of government, and that it has a role to play in ensuring that the legal system is fair. Critics of judicial activism argue that it allows judges to usurp the power of lawmakers and that it has no democratic legitimacy

Critical Legal Studies (CLS)

The CLS movement argues that law is not neutral but instead serves to reproduce existing patterns of unequal social relations. It focuses on the way that law is used to oppress marginalized groups, and seeks to promote social justice through legal reform. The CLS movement has been criticized for its lack of practicality, and for its refusal to engage with the mainstream legal system.

Assignment Task 4: Hypothesize on the practical application of specific legal theories

It is difficult to say how these different legal theories would be applied in practice, as they all have their own strengths and weaknesses. However, it is possible to make some general observations.

Legal Positivism would be likely to favor a system where the rule of recognition is paramount, and where legislation with sufficient political support is considered law, regardless of how it was originally formulated. This would give the legislature a great deal of power, and could lead to the arbitrary exercise of authority by lawmakers.

Natural Law would be likely to favor a system where the law is based on reason, and where there is a connection between law and morality. This would give judges a greater role in shaping the law, with a good deal of power given to the judiciary. This system could be fairly inflexible, and might not allow for changes in social attitudes.

Legal Pragmatism would be likely to favor a legal system that is practical and which focuses on outcomes rather than intentions. It could lead to courts being more willing to challenge existing laws, and to judges making decisions based on their own personal views.

Judicial Activism would be likely to favor a legal system where the judiciary is independent of both the executive and legislative branches of government. It could lead to judges using their power to promote social justice, even if this means challenging the decisions of the legislature. This system would be likely to be quite flexible and could allow for the evolution of the law to reflect changing social attitudes.

CLS would be likely to favor a legal system that is focused on the way that law reproduces existing patterns of unequal social relations. It could lead to reform of the legal system in order to promote social justice. However, this movement has been criticized for its lack of practicality.

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