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Tuesday, March 26, 2013

What do you mean by patriarchy in the context of feminine jurisprudence?

Q. What is meant by ‘patriarchy’ in the context of feminine jurisprudence?

Answer plan:
The ideological struggle against patriarchy marks out the objective, arguments and methodology of feminist jurisprudence. Patriarchy is the social structure characterized by male domination, having an ideology which seeks to justify this arrangement and a legal theory which interprets the law from a standpoint characterized by a belief, explicit or implicit, in fundamental inequalities. It involves, essentially, the systematic subordination of women to men. The required answer should seek to define appropriate concepts and explain the reasons for the feminist movement’s hostility to much contemporary jurisprudence. The following skeleton plan is used:

      Introduction – definition of patriarchy – male dominance
taken for granted – the negative aspects of patriarchy –
patriarchy reflected in the literature of libertarianism –
gendered patterns of legal language – conclusion, necessity
to challenge patriarchy in a variety of ways.

Monday, March 25, 2013

The fundamental features of Plato’s theory of justice.

Q.Give an account of the fundamental features of Plato’s theory of justice.

Answer plan:
The problem here is how to compress the fundamentals of this complicated theory into a relatively small space. It is possible to deal in this way with the theory in outline only. Particular attention should be given to Plato’s views on ‘harmony’ and the state, and reference should be made to his ideal state. A skeleton plan is suggested as follows:

Introduction – emergence of the state from the very nature
of man – justice as a ‘general virtue’ – justice and the
degeneration of the state – the ideal state of Magnesia –
necessity for a code of laws – the modern approach to
Plato’s theory of justice.

Comment on the role of formal logic in English law.


Q. What are the  Comment on the role of formal logic in English law.

Answer plan:
It is important to differentiate ‘formal logic’ and ‘legal reasoning’. The former involves a scientific approach to problems of induction and deduction; the latter is an imprecise description of a common attitude to the determination of a legal dispute. The answer ought to show how far formal logic is used in a judgment, and attention should be directed to some of the problems involved in attempts to apply a rigid system of rules to legal procedure. The following skeleton plan is used as a framework for the answer:

Introduction – definition of logic – its restricted use in law –
the Aristotelian syllogism – inflexibility of formal logic –
reasoning in adjudication – references in judgments to logic – argument by analogy – logic and prevention of
inconsistency – arguments concerning logic and control –
Dewey’s warning on logic and law – the danger of
abandoning logic in the law – conclusion referring to the
‘Hand formula’ and jurimetrics.

Saturday, March 16, 2013

Jurisdiction or Power and Function of Appellate Division.

Appellate Division is the first higher court of Supreme Court and also Bangladesh. The function of this division is to hear and determines appeals from the judgment or decree of the High Court Division. And Appellate Division has no original jurisdiction (as a court of first instance). The jurisdictions of Appellate Division are described in below