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7 Found helpful • 7 Pages • Essays / Projects • Year: Pre-2021 • Previously uploaded under: LAW214 - Jurisprudence
Exam question: Answer ALL of the following questions 1. The Parliament of Oceania passes the Abolition of Corporal Punishment in Schools Act, which prohibits corporal punishment in all schools. A group of parents who have enrolled their children in a private religious school are deeply upset because they believe on the basis of their religious texts that corporal punishment may be necessary to save their children from damnation. They argue that there should have been an exemption in the Act, permitting the school to impose corporal punishment for religious reasons. Do you think that the Parliament of Oceania was under a moral obligation to provide a religious exemption for the school? Support your answer with reference to relevant theory. Note: You should concern yourself only with the moral issues. Since Oceania is a fictitious country and you know nothing about its laws, the question does not require a consideration of any legal issues or legal cases. 2. John and Jane work for the same company and are employed in the same capacity. Due to complications arising from pregnancy, Jane was unable to work for six months last year. John broke his hip while cycling and was unable to work for the same period of time. The company provides unemployment benefits for employees who are temporarily unable to work due to pregnancy. However, it does not provide unemployment benefits for employees who are temporarily unable to work due to accident or illness. As a result, John receives no benefits while he is unable to work. He argues that the special benefits provided for pregnant employees are morally unjustifiable. Do you agree? Support your answer with reference to relevant theory. 3. Both the American legal realists and the Critical Legal Scholars believe that ‘law is not what it seems – objective and capable of yielding “right answers”’. Explain and evaluate the claim that the law is not objective and not capable of yielding right answers, focusing on either realism or CLS, and making reference to relevant counter-arguments.
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