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Klaw 105:Foundations Of Law March 2010 Question Paper

Klaw 105:Foundations Of Law March 2010

Course:Bachelor Of Laws

Institution: Kabarak University question papers

Exam Year:2010

KABARAK UNIVERSITY
UNIVERSITY EXAMINATIONS
2009/20010 ACADEMIC YEAR
FOR THE DEGREE OF BACHELOR OF LAWS
COURSE CODE: KLAW 105

INSTRUCTIONS:
1. ANSWER QUESTION 1 AND ANY OTHER TWO Questions
2. Read Each question carefully before attempting
3. Each Question is allocated the marks indicated alongside it in brackets.
4. Unclear handwriting SHALL lead to loss of marks

1. Write concise and explanatory Notes on ALL of the following:
(a) The aims of Law and the social functions that it performs in the society. (5 marks)
(b) The role of Law in the emergence of “Civil Society” as we know it today. (5 marks)
(c) The formal sources of Law in Kenya and the continued relevance to the Kenyan society,
if any of the “received English Law” as part and parcel of those sources. (5 marks)
(d) The idea of and Legal basis for “Affirmative Action” in contemporary Kenyan Society.
(5 marks)
(e) The Place of Law in the Development aspirations of humanity in general and the Kenyan
Society in particular. (5 marks)
(f) The relationship, if any, between Law and other specific branches of Social disciplines
with a direct bearing on society. (5 marks)
(TOTAL MARKS 30)

2. (a) Compare and contrast the various major schools of thought in Legal Theory and
identify, at least, two of the leading proponents in respect of each school. (12 marks)
(b) With reference to the Sociological School of Legal thinking, discuss the manner in
which Law can be used as a potent device in the “Social Engineering” process.
(8 marks)
(TOTAL MARKS 30)

3. (a) Assess the accuracy or otherwise of the basic proposition that Law should as far
as possible, reflect the Social ethics of the particular Society which it is supposed to
serve. (11 marks)
(b) In your considered opinion and based on clearly articulated and well argued-out credible
grounds, what would be the likely outcome of the views of the majority of members
of the Kenyan Society if were to be sought with regard to the entrenchment in Law of
rights in relation to the following issues?
(i) Same Sex couple marriages (3 marks)
(ii) Abolition of the application of all forms of Customary law (3 marks)
(iii) Introduction of a new taxation system with the aim of eving out the existing
gap between the rich and the poor in Kenyan. (3 marks)
(TOTAL MARKS 20)

4. Critically asses the relationship between Law and Society and the limits of Law in bringing
about the necessary Social changes in the context of a given social Orders. (20 marks)
(TOTAL MARKS 20)

5. (a) State the case for Law reform and examine the existing statutory machinery through
which Law Reform can be achieved in this country. (5 marks)
(b) Examine at least THREE (3) critical areas of major concern to the majority of the
Kenyan Society which are currently in dire need of Legal reforms, minding to clearly
explain your stated positions in this regard. (15 marks)

(TOTAL MARKS 20)

Klaw 105:Foundations Of Law March 2010 Question Paper

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