Highlights
Task:
You should be able easily to locate the case exercising the skills you have already learned during your legal studies. There are earlier judgments which are not the focus of our analysis, except insofar as referred to in the Supreme Court judgment. Nevertheless, familiarity with them will help you form a more rounded and better informed view of the legal philosophical issues to which the case gives rise.
NB you are not required to discuss the doctrinal legal aspects of the case and no prior knowledge of the areas of law involved is expected. You are required to examine and analyse how the case is situated within and exemplifies legal philosophical arguments and implications. Remember this is a jurisprudence course.
A case begins with a set of social facts. Someone might be injured as a result of others, a business may suffer a loss, and so forth. Others, such as police, prosecution, lawyers, judges are called upon and then these social facts are ascribed a legal meaning. In this case, you are to read the judgment of the Supreme Court, a judgment that affects the legal meaning of some social facts. You should employ your knowledge of legal philosophy to interpret the case and tease out the deeper meaning of the judgment, always bearing in mind the specific social context in which it is played out, and critically and originally to reconstruct it.
In the examination, there will be three questions to choose from in Part A. That is, one on each of the following perspectives, and you will have to answer ONE:
Liberalism and Law.
Dworkin’s theory.
Feminist Legal Theories.
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