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University of Southern Queensland

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External Student Course Engagement Assignment
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External Student Course Engagement Assignment

LAW2224 - Theories of Law

8 Pages University of Southern Queensland Essay / Project Year Uploaded: 2016

1. Explain how Plato’s theory of forms relates to justice and law. 2. According to Plato, what amounts to a just state (polis)? Does Plato’s just state remind you of any countries in the world today? 3. According to Aristotle, what is the end – the telos of justice? Is justice a political value, or a personal virtue? 4. What is the source of the natural law according to – • Augustine? • Aquinas? In Oppenheimer v Cattermole [1976] AC 249, the House of Lords was considering whether to recognise a German decree (of the Nazi era) that cancelled the citizenship of any German Jews living outside Germany at the time. In his speech, Lord Cross of Chelsea said (at 278): ‘To my mind a law of this sort constitutes so grave an infringement of human rights that the courts of this country ought to refuse to recognise it as a law at all.’ Would (a) Augustine’s and (b) Aquinas’ views of natural law prevent a rule like the Nazi citizenship decree being enacted? Does Luban see any problems with the way that Fuller’s eight virtues direct professional ethics? What are Mortensen’s concerns about ‘the ethics of care’? About the ‘lawyer as friend?’ How would an understanding of therapeutic jurisprudence affect your role as a lawyer? What are the implications of therapeutic jurisprudence for courts and judging? What areas of legal practice might be improved (and for whom) with an understanding of therapeutic jurisprudence?

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