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THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS
UNIVERSITY OF LONDON LA3005 ZA
DIPLOMA IN THE COMMON LAWLLB
ALL SCHEMES AND ROUTES
BSc DEGREES WITH LAW
Jurisprudence and Legal Theory
Tuesday 14 May 2013: 10.0013.15
Candidates will have fifteen minutesduring which they may read
the paperand make rough notes ONLY in their answer books. They then
have theremaining THREE HOURSin which to answer the questions.
Candidates should answer ONE question from SECTION A (The Set
Book)andTHREE questions fromSECTION B of the following TWELVE
questions.
Candidates should answer all parts of a question unless
otherwise stated.
University of London 2013
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SECTION A (The Set Book)
1. What were Harts aims in The Concept of Lawand did he
accomplishthem?
2. What does it mean to say that the rule of recognition is the
master rulein Harts theory of law?
3. In the Postscript to The Concept of Law, H.L.A. Hart argues
thatRonald Dworkins critique misses its target. Whereas Dworkin
talksabout what the lawis, Hart is only interested in clarifying
what law is.
Critically discuss whether this argument successfully defends
Hartagainst Dworkins criticism.
SECTION B
4. How does Marxs concern with the material conditions of life
inform histhinking? What consequences does that have for a Marxist
perspectiveon law?
5. Why should we want an authority to mediate between us and
reasonswhich apply to us?
6. Critically discuss whether feminist legal theory inescapably
relies on anessentialist understanding of gender.
7. [I]n spite of the difference which exists between the
criminal and thecivil sanction, the social technique is in both
cases fundamentally thesame. (Kelsen, General Theory of Law and the
State).
Discuss.
8. Law is an instance of practical reason. It is therefore
inextricably linkedto the common good.
Discuss.
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9. If a judge accepts the settled practice of his legal system
if heaccepts, that is, the autonomy provided by its distinct
constitutive andregulative rules then he must accept some general
political theorythat justifies these practices. (Dworkin, Taking
Rights Seriously).
Discuss.
10. What is an imperative theory of law, and what are the
strengths andweaknesses of such a theory?
11. How, if at all, can a legal theorist produce a complete
account of whatlaw is?
12. In what way and to what extent is Hohfelds classification of
rightsuseful?
END OF PAPER
