Lpr 101: Social Foundations Of Law Question Paper

Lpr 101: Social Foundations Of Law

Course:Bachelor Of Laws In Evidence And Procedure

Institution: Kenyatta University question papers

Exam Year:2010

KENYATTA UNIVERSITY
UNIVERSITY EXAMINATIONS 2009/2010
FIRST SEMESTER EXAMINATION FOR THE DEGREE OF
BACHELOR OF LAWS
LPR 101:SOCIAL FOUNDATIONS OF LAW

DATE: Thursday 4th February 2010 TIME: 9.00am-11.00am
INSTRUCTIONS:
• Answer three questions
• Question One is compulsory.
• Where applicable, quote relevant philosophers, writers and sources of information.

1. The simple adoption of Western laws has had no impact on social change and economic development in Kenya. There is nothing the law can do to redress the grievances of poverty, marginalized ethnic groups, women and minorities unless society first changes’. Discuss.
(30 marks)
2. To what extent, if any, can legal positivism be reduced to the claim that morality is irrelevant to the validity of law? (20 marks)

3. Abortion, euthanasia and homosexuality are some of the new frontiers of jurisprudence, around which there is much debate in Kenya. Some people think they ought to be prohibited by law while others disagree. One commentator has observed that this debate,” Natural Law theories should not be used, because natural law is incompatible with the separation of religion and state”. Discuss. (20 marks)
4. A prominent trade unionist was overheard saying, among other things, that the Committee of Experts on Constitution Review has spent Ksh 300 million to tell us what we already know. They are a complete waste of money. In fact, we did not need a new constitution to begin with’. Those of you who have been keeping up with current affairs will know that a number of people sharing similar views. In light of the foregoing why, if at all, do Kenyans need a new constitution? (20 marks)

5. In light of Koffi Annan and the mediation team’s contribution to peace in Kenya, and also in light of the ongoing debate about Louis Moreno Ocampo the International Criminal Court, do you think foreign institutions are better placed than local ones in resolving long standing conflicts in Kenyan society? (20 marks)

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