COA.docx - Jurisprudence Part A 2017-2018 Aim Develop skills in identifying relevance significance applicability of general theories of law in real

COA.docx - Jurisprudence Part A 2017-2018 Aim Develop...

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Jurisprudence Part A 2017-2018 Aim Develop skills in identifying relevance, significance, applicability of general theories of law in real contexts of legal practice Assessed on ability to Identify potential clashes of competing theories in these contexts Critically discuss which of these theories best explains the decision [“‘ Discuss critically’ does not mean criticise. Rather, it means ‘weigh up the pros and cons’ of the theory” (Subject Guide Chapter 14, assuming these are synonyms.) This will also reflect your ability to think about the decision and legal practice in general, by questioning its foundational presuppositions with help of these general theories. Your task: Read R v Brown (1994) 1 AC 212; [1993] 2 All ER 75 1. The focus is the HoL judgement, and not the earlier or later judgements 2. But familiarity with these will help give a more rounded, better informed view of the legal philosophical issues to which R v Brown gives rise NB you are not required to discuss the doctrinal legal aspects, but how the case sits within and exemplifies legal philosophical arguments and implications. A case begins with a set of social facts. These social facts are ascribed a legal meaning. The HoL judgment affects the meaning of some social facts. You should tease out the deeper meaning of the judgment, bearing in mind the social context in which it is played out, and critically and originally to reconstruct it. There will be 3 questions in Part A. One from each of the following 3 perspectives: 1. Liberalism and law 2. Dworkin’s theory of integrity and interpretation of law 3. Feminist legal theory Readings and guidance for each perspective. Refer to University document or separate notes. General note to all students Hunter, McGlynn, Rackley (eds) Feminist Judgments From Theory to Practice ISBN 9781847317278 (mentioned re. Feminism) may be useful for general method o [Chapter 14 of this book is about R v Brown, but no part of this should be presented as an exam candidates own work, as this would be plagiarism] Examiners are looking for your ability to apply general theory to real life contexts. Examiners are NOT looking for general knowledge of the theories. The case must be your starting point: exam scripts that only address the general theories, not applying them to the case, will fail. Role of institutions The examiners are not looking for a stock answer, but YOUR answer. A stock answer is unlikely to gain a good mark.
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Appellate History In the Court of Appeal (Criminal Division) R v Brown (Anthony) [1992] 2 W.L.R. 441 [1992] Q.B. 491 Lord Lane C.J. , Rose and Potts JJ. Summary Sadomasochist appellants who willingly and enthusiastically participated in acts of violence against each other for sexual pleasure in their receiving and giving of pain.
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