5 When discussing your opinion you can also use consequentialist arguments to

5 when discussing your opinion you can also use

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5. When discussing your opinion, you can also use consequentialist arguments to support your opinion. This is a means to bring in the particular nature/circumstances of the thing you are discussing. 6. For example: ‘If we are to follow the reasoning put forward by XXX, that would lead to a situation where it is virtually impossible for the state to perform its regulatory functions. It would lead to a massive drain on the fiscal purse. It could have severe socio-economic consequences…. For these reasons, I do not agree with XXX’s reasoning ’ E) GENERAL ESSAY-TYPE QUESTION/ QUESTION WHERE YOU ARE ASKED TO ‘CRITICALLY ANALYSE’ A FIELD OF LAW OR TOPIC
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This kind of question is an extension of D). But here, rather than critiquing one judgment, you have to critically analyse a field of law or a specific legal topic, which usually entails analysis of a series of cases (amounting to the field of law at the point of analysis), as well as your view on whether the development of the law has been coherent/correct or whether there are inconsistencies and problems, and what the implications of such are. The approach is very similar to D) but (rather than focusing on a specific judgment) this kind of question requires you to focus on a particular development or field of law ( for example, how the requirement for negligent representation has been developed in the law relating to estoppel ). You should be guided by the specific question and make sure you have answered it appropriately. Generally, you would have to traverse the relevant cases and their findings, highlight any shifts, contradictions or gaps in the jurisprudence. Use relevant scholarship to inform your analysis of the field and set out your arguments about whether you agree or disagree with the development of the law, why, and what the potentially adverse consequences of the developments are.
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