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LAW034 Introduction To Legal Theories Assignment Answers Malaysia

LAW034 Introduction to Legal Theories explores the relationship between law and society by critically examining a range of legal theories. The unit commences with an exploration of the nature of law and its function in society. It then proceeds to examine different approaches to the study of law, including those informed by natural law, legal positivism, Marxism, feminism, and critical race theory. Throughout the unit, students will be encouraged to reflect on the implications of different theoretical approaches for our understanding of the law and its role in regulating social relations. The unit provides students with an opportunity to engage with some of the major debates within the discipline of law, and to develop their skills as critical thinkers and legal researchers.

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Assignment Task 1: Discuss the various legal theories and schools of thought.

There are a variety of different legal theories and schools of thought that guide the development and interpretation of laws. Each theory or school of thought offers a unique perspective on how the law should be used to solve problems and address disputes. Some of the most common legal theories include natural law, positive law, legal realism, and critical legal studies.

  • Natural law theory holds that there is a higher law that is based on reason and nature and that this higher law should be used to guide the development and interpretation of human laws.
  • Positive law theory, on the other hand, focuses on the actual laws that have been enacted by legislatures or other authorities and argue that these laws should be followed regardless of whether they reflect natural or moral truths.
  • Legal realism is a more pragmatic approach that takes into account the realities of human behavior when interpreting and applying the law. This theory holds that the letter of the law is not as important as its practical effects.
  • Critical legal studies is a more radical approach that questions whether there is any such thing as objective legal reasoning and argues that all legal decision-making is ultimately based on power dynamics.

Each of these theories has its own strengths and weaknesses, and no one theory can provide all the answers to every legal question. However, understanding these different theories can help lawyers to better understand the context in which they are working, and to make more informed decisions about how to apply the law in specific cases.

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Assignment Task 2: Demonstrate ethics and professionalism in discussing and analyzing legal issues involving society.

Ethics and professionalism are crucial when discussing and analyzing legal issues involving society. Every case is different, and it is important to approach each one with an unbiased perspective. It is also essential to be respectful of the clients and their situation. Listening carefully and providing honest feedback are crucial in order to build trust. Professionalism is also important in terms of maintaining confidentiality. Any information shared during consultations must be kept strictly confidential. This includes both personal information about the client as well as any legal advice that is given. By demonstrating ethics and professionalism, lawyers can help ensure that clients receive the best possible outcome.

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Assignment Task 3: Applying the basic legal theories to various legal issues concerning society and proposing possible solutions.

The different legal theories can be applied to a variety of legal issues concerning society.

  • For example, natural law theory could be used to argue for the legalization of same-sex marriage. This is because natural law holds that there is a higher law based on reason and nature and that this higher law should be used to guide the development and interpretation of human laws.
  • Positive law theory, on the other hand, could be used to argue against the legalization of same-sex marriage. This is because positive law focuses on the actual laws that have been enacted by legislatures or other authorities, and argues that these laws should be followed regardless of whether they reflect natural or moral truths.
  • Legal realism could be used to argue for the implementation of stricter gun control laws. This is because legal realism is a more pragmatic approach that takes into account the realities of human behavior when interpreting and applying the law. This theory holds that the letter of the law is not as important as its practical effects.
  • Critical legal studies could be used to argue against gun control laws. This is because critical legal studies questions whether there is any such thing as objective legal reasoning and argues that all legal decision-making is ultimately based on power dynamics.

Each of these theories has its own strengths and weaknesses, and no one theory can provide all the answers to every legal question. However, understanding these different theories can help lawyers to better understand the context in which they are working, and to make more informed decisions about how to apply the law in specific cases.

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