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Klaw 302: Jurisprudence Question Paper
Klaw 302: Jurisprudence
Course:Bachelor Of Laws (Llb)
Institution: Kabarak University question papers
Exam Year:2011
KABARAK UNIVERSITY
UNIVERSITY EXAMINATIONS
2011/2012 ACADEMIC YEAR
FOR THE DEGREE OF BACHELOR OF LAWS
KLAW 302: JURISPRUDENCE
DAY: FRIDAY DATE: 10/08/2012
TIME: 2.00 – 4.00 P.M. STREAM: Y3S1
INSTRUCTIONS
1. Answer Question 1 and any two other questions
2. Question 1 carries 30 marks. All other questions carry Equall ((20)) marks
3. No materials are to be brought into the examination room
4. Candidates should illustrate their answers with appropriate case law and other
relevant authorities.
Question 1
Burger Lunch debates are becoming increasingly popular sessions at Kabarak University. As
part of its measures to enhance research among the students and lecturers, the university has
dubbed lunchtime on Thursday as the Burger Lunch. During this session, students and
lecturers are required to assemble in KLAW 4 for debates. Every person who attends the
session is entitled to a chicken burger for free. The same is served with some sweet drink
whose manufacturing formula is only known to the chef. During this session a student or
lecturer identifies a topic for discussion and once the same is approved, the student or lecturer
makes a scholarly presentation to those in attendance. Both students and lecturers are
encouraged to make their presentations on contemporary topical issues.
Last week, the media was awash with headlines on the recent decision of the registrar of
societies to register an association known as the Association of the Gay and Lesbian Heroes
of Kenya. This society, it was reported, has the objective of promoting and protecting the
welfare of gays and lesbians in Kenya. This has led to a lot of debate as to whether the Kenya
government’s decision to register this association was right or wrong. Of course the religious
fraternity has accused the government of failing in its duty to uphold the moral fibre of the
Kenyan society. Some people have called for the arrest and prosecution of the interim
officials of the association as well as the resignation and prosecution of the Registrar of
Societies for her conspiracy into this “offence against the moral instincts and fabric of the
Kenyan public”. Students and teachers at kabarak have also been overheard discussing the
issue in law tones. You have chosen this issue as the basis a presentation at the Burger lunch
debate next Thursday. Your proposal has been approved by the co-ordinator of Burger lunch
debates. The debate is highly publicized and every person including the chancellor has vowed
not to miss your presentation. You are determined to seize the occasion to enlighten the
Kabarak community, by force of logic and reason, on what the proper position of the law
should be on the subject in question. You have armed yourself with jurisprudential arguments
on legal enforcement of morality as advanced by various scholars as well as decisions of
courts from various jurisdictions on the place of gay and lesbian practices in a just and
democratic society. Let us hear you. 30 marks
Question 2
In his treatise Of Laws in General Jeremy Bentham defines a law as an assemblage of signs
declarative of a volition conceived or adopted by the sovereign in a state, concerning the
conduct to be observed in a certain case by a certain person or class of persons who in the
case in question are or are supposed to be subject to his power: Such volition trusting for its
accomplishment to the expectation of certain events which it is intended such declaration
should upon occasion be a means of bringing to pass, and the prospect of which it is intended
should act as a motive upon those whose conduct is in question.
This definition of law has been said to result into eight different respects in which a law may
be considered. Identify and explain the eight different respects. 20 marks
Question 3
Discuss the Grund norm theory of the meaning, nature and character of law as espoused by
Prof. Hans Kelsen. 20 marks
Question 4
The natural law school of thought has had tremendous contributions to constitutional law as
we know it today. With different to the teachings of natural law and the fundamentals of
constitutional law, set out and explain the said contribution. Specific references to the
Constitution of Kenya 2010 will add you marks. 20 marks
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