| 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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Teubner‚ Law as an Autopoietic System‚ (The European University Institute Press Series‚ Blackwell‚ Oxford 1993). Bayles‚ Hart’s Legal Philosophy: An Examination (Kluwer Academic Publishers‚ Dodrecht 1992) 53-45. Bodenheimer‚ ‘Modern Analytical Jurisprudence and the Limits of Its Usefulness’ (1956) 104(8) U of Pennsylvania L Rev 1080-1086. Coleman (ed)‚ Hart ’s Postscript: Essays on the Postscript to The Concept of Law (2nd edn‚ OUP‚ Oxford 2001). Colvin‚ ‘The Sociology of Secondary Rules’ (1978) 28
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[pic] LAW 012- INTRODUCTION TO LAW 1 INDIVIDUAL ASSIGNMENT: REPORTED CASE ON RELATIONSHIP BETWEEN LAW AND MORALITY OFFENCE OF INCEST MOHD RAMZAN BIN RAMLI v PUBLIC PROSECUTOR NAME: RAJA NUR HANANI BINTI RAJA ABD RAHMAN STUDENT’S ID: 2012205054 CLASS: LWA01A INTRODUCTION WHAT IS LAW? POSITIVISTS J.M. FINNIS: Rules made‚ in accordance with regulative legal rules‚ by a determinate and effective authority (itself identified
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Legal Theory Today A Sociology of Jurisprudence Legal Theory Today Founding Editor John Gardner‚ Professor of Jurisprudence‚ University College‚ Oxford TITLES IN THIS SERIES Law in its Own Right by Henrik Palmer Olsen and Stuart Toddington Law and Aesthetics by Adam Gearey Law as a Social Institution by Hamish Ross Evaluation and Legal Theory by Julie Dickson Risks and Legal Theory by Jenny Steele Forthcoming titles: Law after Modernity by Sionaidh Douglas-Scott Law and Ethics by John Tasioulas
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positivist ideology‚ with his work essentially revitalising a method of thinking that had long been considered dead and buried. Perhaps most notoriously‚ Dworkin combated the positivist theory of his former teacher and predecessor as Professor of Jurisprudence at Oxford University‚ H.L.A. Hart. When comparing the two‚ it is apparent that Dworkin and Hart disagree on a plethora of issues‚ however there exist several disagreements that can be noted as fundamental. Since the work of Dworkin deals with
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References: Austin‚ J. (1977). Lectures on Jurisprudence and the Philosophy of Positive Law‚ St.Clair Shores‚ MI: Scholarly Press. Austin‚ J. (1995). The Province of Jurisprudence Determined‚ Ed. W.E. Rumble. Cambridge: Cambridge University Press. Hart‚ H.L.A. (1965). Book Review of The Morality of Law‚ 78 Harvard Law Review: Harvard Law University Press. Hart
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Bibliography: 2. Denise Meyerson‚ 2007‚Understanding jurisprudence‚ Taylor & Francis group 3 4. J W Harris‚ 1997‚ Legal Philosophies [2nd edition] 5 7. Lon L Fuller‚ (1957)‚Positivism and fidelity to law- A reply to professor Hart‚ 71 Harv‚L.Rev 630‚656 8 [ 2 ]. J W Harris‚ 1997‚ Legal Philosophies‚ [2nd edition] [ 3 ] [ 4 ]. Austin‚ 1954 The Province of Jurisprudence Determined 184-85 (Library of Ideas ed) [ 5 ] [ 8 ]. Lon L Fuller‚ 1957‚ Positivism and
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that everyone within a country must obey‚ prescribed and enforced by a controlling authority. In America the law creates obligations‚ duties‚ and rights that reflect the views of its society. The science and philosophy of law is known as jurisprudence. Jurisprudence is used to describe the different functions of law: natural law‚ positivists‚ and legal realism. Natural law is the principle or body of laws that is a system of moral values and is believed to be derived from nature‚ or the right reason
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accept all the words for their strict definitions‚ it would not appear to be so outstanding. It is once one realizes the application and implications of FISA that it demonstrates the government’s true power and authority. This is why sociological jurisprudence is applicable because FISA’s realm is best demonstrated through its application. However‚ I believe the divide between the law in the books versus the law in action has widened too far regarding FISA. I believe major reforms would be necessary
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References: Austin‚ J. (1832/1995). The province of jurisprudence determined. Cambridge‚ UK: Cambridge University Press. Bix‚ B. (2002). “Natural law theory: The modern tradition.” Oxford Handbook of Jurisprudence and Philosophy of Law. New York‚ NY: Oxford University Press. Murphy‚ M.C. (2006). Philosophy of law. Malden‚ MA: Blackwell Publishing.
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