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Klaw 105:Soocial Foundations Of Law December 2010 Question Paper

Klaw 105:Soocial Foundations Of Law December 2010

Course:Bachelor Of Laws

Institution: Kabarak University question papers

Exam Year:2010

KABARAK UNIVERSITY
UNIVERSITY EXAMINATIONS
2010/2011 ACADEMIC YEAR
FOR THE DEGREE OF BACHELOR OF LAWS
COURSE CODE: KLAW 105

INSTRUCTIONS:
1. Answer question ONE and any other Two

1. a) In order for a local custom to be valid and operative as a source of law, it must
conform to certain requirements laid down by law. Explain the chief of these
requirements. (10 marks)
b) Explain the Natural Law Theory as understood by the tradition of classical realism.
(5 marks)
c) “Law is general command of a sovereign addressed to his subjects”. Discuss.
(10 marks)
d) Relate Austin’s theory of law to the modern Kenya’s legal system. (5 marks)

2. a) “ Law and especially litigation, is a vehicle through which a programmed social
evolution can be brought about.” In the light of this statement and with clear
illustration explain how law can be used as an instrument of social change.
b) Explain the barriers to change in (a) above. Illustrate you answer with examples.
(10 marks)

3. a) Explain how rights and their corrective duties may be distinguished. (15 marks)
b) How does a right differ from a duty?

4. a) Explain the relationship between Law and Economics. (10 marks)
b) With clear illustrations discuss the role of Law in Society. (10 marks)

5. a) Explain how a precedent may lose all or much of its binding force. (15 marks)
b) Explain why Public international Law may not be regarded as really law with regard to
the Basic Norm (Grundnorm) (5 marks)

Klaw 105:Soocial Foundations Of Law December 2010 Question Paper

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