CONFIDENTIAL

LW/JUN 2012/LAW531/327

UNIVERSITI TEKNOLOGI MARA

FINAL EXAMINATION

COURSE

JURISPRUDENCE I

COURSE CODE

LAW531/327

EXAMINATION

JUNE 2012

TIME

3 HOURS

INSTRUCTIONS TO CANDIDATES
1.

This question paper consists of three (3) parts :

2.

Answer ALL questions in PART A and PART C and any TWO (2) questions in PART B in
the Answer Booklet. Start each answer on a new page.

3.

Candidates are strongly advised to allocate not more than 60 minutes for answering
questions in PART A.

4.

Do not bring any material into the examination room unless permission is given by the
invigilator.

5.

Please check to make sure that this examination pack consists of:
i)
ii)

PART A (5 Questions)
PART B (4 Questions)
PART C (1 Question)

the Question Paper

an Answer Booklet - provided by the Faculty

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO

This examination paper consists of 5 printed pages
Hak Cipta Universiti Teknologi MARA

CONFIDENTIAL

CONFIDENTIAL

LW/JUN 2012/LAW531/327

PART A

QUESTION 1
"Natural law represents idealism in the law".
Comment.
(6 marks)
QUESTION 2
What did Fuller mean by the "internal morality of law"?
(6 marks)

QUESTION 3
To what extent has Finnis restated natural law?
(6 marks)

QUESTION 4
What is the distinction in Hart's theory between primary and secondary rules?
(6 marks)

QUESTION 5
"Positivism is deeply flawed because it is concerned with sources and processes but not the
substantive content of law".
Comment.
(6 marks)

Hak Cipta Universiti Teknologi MARA

CONFIDENTIAL

CONFIDENTIAL

LW/JUN 2012/LAW531/327

PARTB

QUESTION 1
To what extent, if any, does natural law thinking find expression in the Malaysian legal
system?
(20 marks)

QUESTION 2
Write a critical commentary on the congruence or conflict between historical jurisprudence
and the manner and extent to which Malay adat has been received into the Malaysian legal
system.
(20 marks)

QUESTION 3
"Austin's theories of law and sovereignty are totally incompatible with constitutional
jurisprudence in Malaysia".
Comment.
(20 marks)

QUESTION 4
Discuss any two philosophical or political theories about whether it is the business of the law
to enforce the injunctions of morality.
(20 marks)

Hak Cipta Universiti Teknologi MARA

CONFIDENTIAL

CONFIDENTIAL

LW/JUN 2012/LAW531/327

PARTC

QUESTION 1
The state of Despairistan is suffering from massive over-population, critical shortages of
water, food and housing. A famine is raging and citizens are fleeing the land. All neighbour
states have, however, sealed off their borders and the situation is getting worse.
The Government is unable to cope with the problems. On January 6, 2012, General
Mubarak, the Chief of the Armed Forces carries out a coup d'etat, dismisses the government
of the day, and declares an emergency.
In order to reduce the country's population and to cut down the number of deaths from
famine, General Mubarak enacts the Emergency (Restoring the Quality of Life) Ordinance
that authorises the Ministry of Home Affairs to exercise the powers provided for in the
following sections:
Section 1: To seize all farms and food outlets and to ration food;
Section 2: To require compulsory sterilisation of all females above 10 years of age;
Section 3: To require all pregnant women whose pregnancy is less than 12 weeks to
undergo compulsory abortions;
Section 4: To require compulsory euthanasia of all disabled persons and citizens above 70
years of age and;
Section 5: To provide penalties for violations of Sections 1, 2, 3 and 4.
The laws are not received well by the public and there are widespread protests but the
government is successful in suppressing dissent. General Mubarak has the support of the
army and the police.
Cynthia is 11 weeks into pregnancy. Worried that her baby will be forcibly aborted, she
disappears into the country-side and secretly delivers her child. She is subsequently found
out. Her baby is taken away from her and she and her husband are arrested.
Mustapha is 75 years old but is active and in good health. He is facing the prospect of being
put to sleep.
Cynthia and Mustapha wish to challenge the validity of the coup d'etat, and of the
Emergency (Restoration of the Quality of Life) Ordinance.
You are asked to head a team of lawyers to advise on the legal and jurisprudential issues
relating to the above. Prepare a brief to examine -

Hak Cipta Universiti Teknologi MARA

CONFIDENTIAL

CONFIDENTIAL

a)

LW/JUN 2012/LAW531/327

The legal validity of the coup d'etat; and

(15 marks)

b)

The cruelty, inhumanity and legal validity of Sections 2, 3 and 4 of the Ordinance in
question.
(15 marks).

END OF QUESTION PAPER

Hak Cipta Universiti Teknologi MARA

CONFIDENTIAL