Sist oppdatert 31. mars 2007 av TEG
Kommentarer til denne siden.
UiB : Juridisk Fakultet : eksamen : valgemner
1) Discuss the relationship between "we the people" and the interpretation of that concept by two selected legal theorists/positions.
2) Present Hart's legal positvism and compare it with Ronald Dworkin's theory of interpretation.
3) How does hermeneutics present a challenge to liberalism in terms of the focus of legal analysis?
4) Compare legal realism with Dworkin's theory of interpretation.
1)To what extent should moral and ethical values influence the legal system? Discuss the problems with reference to at least two positions in legal theory.
2) Discuss Rousseaus' conception of the general will. How can this conception serve as a legitimation of the modern legal system.
3) Discuss the weak and the strong sides of the legal positivistic concept of law.
4) How can Kelsen's pure theory of law be regarded as a critique of a free jurisprudence.
5) Discuss in which way legal realism is based upon logical positivism's concept of science.
6) Legal realism is regarded as the development and the embodiment of the positivistic scientific program in law. To what extent is this true and how does legal realism differ from legal positivism.
7) To what extent should precendences determine the application of law in society? In your Discussion you should take into account moral, judicial and political arguments.
1) To what extent should precedences determine the application of law in society? In your discussion you should take into account moral, judicial and political arguments.
2) To what extent influences natural law the application of the law in society. You may use arguments from legal philosophers as well as your own.
3) What is the difference between positive law and natural law? Describe the difference from a legal and a scientific point of view. Discuss the arguments for and against the two positions as model of legal reasoning. You may use arguments from legal philosophers as well as your own.
4) Kelsen's critic of legal realism. Give a critical presentation of the two positions. What are the weak and strong points of both? Yoy may use arguments from legal philosophers as well as your own.
5) Give a critical presentation of Kelsen and Dworkin. What are the weak and the strong points of both? Yoy may use arguments from legal philosophers as well as your own.
6) Give a critical presentation of Hart, the legal positivism and the legal realism. What are the weak and the strong point of both? Yoy may use arguments from legal philosophers as well as your own.
7) In what way is legal realism a modification of the model of Montesquieu. Present the model of Montesquieu and the values he tried to incorporate in his theory. Then present the realistic model and discuss to what extent and in what way these values are reflected in his conception of law.
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Sist oppdatert 31. mars 2007 av TEG Kommentarer til denne siden. |