LA3005 October B3

LLB
BSc DEGREES WITH LAW

Jurisprudence and legal theory

Friday 14 October 2022

You have FOUR HOURS AND 15 MINUTES in which to write your answers.

You must answer Question 1(a) or Question 1(b) or Question 1(c) from PART
A (The Set Case) and THREE from the NINE questions in PART B.

You must answer all parts of a question unless otherwise stated.

© University of London 2022

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PART A (The Set Case)

You must answer Question 1(a) or Question 1(b) or Question 1(c) from this
part.

Questions 1(a)-(c) are about the Set Case Director of Public Prosecutions v
Ziegler and Ors [2021] UKSC 23.

1. (a) Critically assess how the Set Case deals with individual freedom
of expression, freedom of assembly, and freedom to do business
in a liberal democracy.

(b) ‘The Set Case is a good illustration of Aristotle’s view of human

nature and the purpose of living a human life.’

Discuss.

(c) ‘The Set Case demonstrates Marx was right. The global capitalist
system is on its last legs.’

Discuss.

PART B

You must answer THREE questions in this section.

2. You are NOT permitted to answer this question if you answer

Question 1(a).

Critically evaluate how liberal democracies enable individual freedom of

expression, freedom of assembly, and freedom to make profits arising
from the arms trade and other businesses that create products many
consider to be harmful.

3. You are NOT permitted to answer this question if you answer

Question 1(b).

‘Concepts of law are ultimately dependent on one’s understanding of the

basic building blocks of nature. For example, Plato thought nature was
constituted by ideal forms, while Aristotle thought it was made up of
beings with a telos.’

Discuss by reference to classical natural law theories.

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4. You are NOT permitted to answer this question if you answer
Question 1(c).

‘Those who argue that the global capitalist system is on its last legs fail
to understand human motivation and the realities of life in the twenty-
first century.’

Discuss.

5. ‘Feminist jurisprudence was needed during the 1960s to 1990s but has
outlived its usefulness.’

Discuss.

6. ‘Hart is often thought to have “demolished” Fuller’s jurisprudence,

showing himself to be superior in analytical skill. But, in fact, it is Fuller
who offered a wiser, deeper, and more insightful account of law.’

Discuss.

7. ‘Kelsen’s theory that law, to be law, must be unified into a system, held
together by the Grundnorm, is an ideal picture of law. It does not
correspond to the realities of law, which are much less systematic,
especially in today’s plural and global world.’

Discuss.

8. Critically evaluate Dworkin’s criticisms of Hart’s rule-based system. Do

you find Dworkin’s theory convincing?

9. ‘Coercion is at the heart of any legal system.’

Discuss by reference to Hobbes, Bentham and Austin.

10. ‘Raz’s theory of law is designed to balance law’s social force with respect
for the value of individual liberty. Even if his theory has specific problems,
Raz is certainly looking in the right place.’

Discuss.

END OF PAPER

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