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Klaw 105:Foundations Of Law August 2010 Question Paper

Klaw 105:Foundations Of Law August 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 THREE
2. BE PRECISE AND CLEAR IN YOUR ANSWER

1. (a) Compare and contrast the various major schools of thought in legal theory and identify,
at least, two of the leading exponents in respect of each school. (12 marks)
(b) Law plays a very central role in society. Do you agree? Discuss this view bearing in
mind the aims and the social functions of law. (10 marks)
(c) Discuss three functions of the Law Reform Commission (3 marks)

2. Discuss any four formal sources of law in Kenya and briefly comment on the continued
relevance of the “received English Law” as part of those sources (15 marks)

3. (a) It is a general view that law should as far as possible reflect the Social ethos of the
particular society which it is supposed to serve. Critically assess this view. (12 marks)
(b) What is meant by Law Reform and what is its relationship with society? (3 marks)

4. “Man needs to survive and preserve his being. However, it often turns out that in this quest
he ends up being a danger to himself.” Discuss this view having regard to the need of and
formation of a safe and just society. (15 marks)

5. Besides its undoubted relevance to the history of legal thought, is the Natural Law Theory
with any relevance in the contemporary Kenyan society? (15 marks)
6. (a) Discuss and illustrate the status of customary law in the Kenyan Legal System (5 marks)
(b) H.L.A. Hart and Hans Kelsen propose a theory of validity of rules in any modern legal
system. How do they develop their idea, and in your view do you agree with them?
(10 marks)

Klaw 105:Foundations Of Law August 2010 Question Paper

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