Question
According to the English philosopher and jurist Jeremy Bentham (1748-1832) in Volume V of his works: ‘It is the judges that make common law, just as a man makes laws for his dog. When your dog does anything you want to break him of, you wait till he does it and then beat him. This is the way you make laws for your dog, and this is the way judges make laws for you and me.’ Discuss.
__ Grading Criteria
The grading criterion for assessment is shown in the table below:
Criterias Grades
N
0-49% P
50-59% C
60-69% D
70-79% HD
80-100%
1 Identification of issues (15%) Issues are not addressed or are addressed inappropriately Addresses most of the issues but overlooks a few minor ones Addresses most of the major and some minor issues Addresses most major and minor issues Addresses all of the major and minor issues
2 Identification of the source of the law on each issue:- case law, statute (20%) Sources are not identified or are identified inappropriately Overlooks or inappropriately identifies a few of the major sources and some of the minor sources Identifies most of the major and some minor sources Identifies most of the major and minor issues Addresses all the major and minor sources of law
3 Accurate explanation or justification of the relevant law on each issue (30%) Does not give an accurate explanation of the relevant law on each issue Gives a satisfactory explanation of the relevant law on each issue with minor errors or omissions Gives a good explanation of the relevant law on each issue with some minor errors or omissions Gives a very good explanation of most of the relevant law on each issue Gives an excellent explanation of all relevant law on each major and minor issue
4 Application of the relevant law to each issues (30%) Does not present a well argued application Presents coherent application but does not address some significant matters Presents coherent argument on major issues with some minor errors or omissions. Presents and discusses very thoroughly a coherent application of the law to major issues Presents and discusses very thoroughly a coherent application of the law to all major and minor issues
5 Presentation and organisation of work in a logical manner (5%) Analysis is poorly organised and does not flow effectively Analysis is reasonably well organised and flow is adequate Analysis is good and well organised and flow is adequate Analysis is very good and well organised and flow is effective Analysis is outstanding and very well organised and flow is very effective