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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 ACADEMIC YEAR
FOR THE DEGREE OF BACHELOR OF LAWS
KLAW 302: JURISPRUDENCE
DAY: FRIDAY DATE: 30/03/2011
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
Question 1
The following news captions were captured in two newspapers with a nationwide circulation in
Kenya:
“The City Council of Nairobi has launched plans to legalise prostitution in the city.
Mayor George Aladwa said yesterday a committee of experts has been established at
the council to harmonise various laws that touch on the business. “This is a business
elsewhere and that is why we are looking for a way of helping both clients in making it
possible for it to continue” he said. Council plans to Legalise prostitution, Standard on
Saturday, February 4, 2012.“Acting Finance Minister Njeru Githae yesterday opposed plans by Nairobi City Council to legalise prostitution. ‘I am totally against legalization of prostitution in the city or any other place in the country’ he said during a leaders meeting at Kutus town in Kirinyaga.Mr Githae also accused the council of plotting to encourage immorality, adding that
prostitution was outlawed in the country. ‘our Constitution does not allow this kind of
business’ he said. He also said it would be illegal to tax commercial sex workers. ‘.. as
the Finance chief, I will not allow this to happen’ he said. Githae opposes plan to legalise
prostitution, Sunday Nation, February 5, 2012. Following the above coverage by newspapers, Kabarak University organizes a lunchtime talk at which students engage in intellectual discourse over lunch. You have been appointed the speaker at the said event where you are expected to put the above discussion between the City Mayor and the Acting Minister for Finance in a jurisprudential perspective to give fellow students and lecturers a better understanding of the debate. You are expected to make references to hitherto existing jurisprudential debates on the subject in your presentation. Your presentation is expected to be “balanced”, that is, making arguments for and against each of the two public leader’s position on the matter. Prepare your presentation. 30 marks
Question 2 “I hate jurisprudence! I do not think it is a subject capable of practical application! It is against my very idea of law. The learning of jurisprudence goes against my initial inspiration to undertake a study of law!” The above words were captured from an exasperated university law student upon completion of a course in jurisprudence. You undertake, as a peer counselor at the university to counsel the said student on the importance of studying jurisprudence. Before confronting the student, you decide to reduce your arguments in writing. Prepare a concise statement of your argument.
20 marks
Question 3
One of the contributions of Professor HLA Hart to the understanding of the phenomenon
known as law is to describe it as the union between primary rules and secondary rules in a legal
system. One of the rules categorized as secondary rules in a legal system is what Professor HLA
Hart calls the rule of recognition. With the reference to Kenya’s legal system, set out and
explain the rule of recognition. 20 marks
Question 4
Set out and explain how natural law concepts are used in modern law. 20 marks
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