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Social Foundations Of Law Question Paper
Social Foundations Of Law
Course:Bachelor Of Laws
Institution: Kenyatta University question papers
Exam Year:2009
KENYATTA UNIVERSITY
UNIVERSITY EXAMINATIONS 2008/2009
SECOND SEMESTER EXAMINATION FOR THE DEGREE OF BACHELOR OF LAW
LPR 101: SOCIAL FOUNDATIONS OF LAW
DATE: TIME:
INSTRUCTIONS: Answer three questions. Question one is compulsory.
1. As you are aware, Kenya is undergoing a period of legislative and institutional reform with a view to avoiding a repeat of the 2007/8 post election violence. One of Parliament’s main roles is to pass new laws or amend old ones. A frustrated Member of Parliament examined the work before him (piles and piles of pending legislation), and in a moment of rare honesty made the following contribution during a parliamentary debate: “This business of passing more and more laws is complete nonsense. The problem of Kenya has never been a lack of laws. The problem is that all of you in Government never enforce them. If you did, we would never have had the violence we experienced!” To what extent do you agree and/or disagree with this statement? Discuss guided by the following questions.
a. In the past, have our laws encouraged and/or discouraged ethnic conflict and why?
b. To what extent can law and the rule of law prevent and resolve conflicts?
(30 marks)
2. “The legal history of public power in Kenya may be easily summarized as the increase in power of the Executive at the expense of other arms of government and indeed of the people of Kenya”. Discuss.
(20 marks)
3. As regards law and morality:
a. Is it desirable to separate law and morality.
b. Is it possible to separate law and morality.
(20 marks).
4. A fiery lecturer of the law, who believes in teaching at every opportunity, was overheard at a social venue addressing a confused looking audience of teenagers as follows: “The amount of energy spent on human rights discussion in Kenya is worrying (gesticulates furiously). Legal reform should focus not so much on this, but on creating an efficient system for the protection of contracts and property. This is what, after all, will lead to development”. What are the different arguments in favour of or against this assertion?
(20 marks).
5. In what ways do you think Kenya is bound to international obligations, and do you think this is a desirable state of affairs? Discuss guided by the following questions:
a. What international arrangements, to the best of your knowledge, is Kenya affected by?
b. What are the advantages and/or disadvantages of Kenyans being bound or affected by international rather than domestic law?
(20 marks).
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