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Jurisprudence Essay Topics & Paper Examples

Jurisprudence of Interrogation

Colorado v. Spring (1987) held that suspect’s knowledge of all the crimes with regard to which the he may be interrogated is immaterial to the determination of legality of his decision to waive the privilege of Fifth Amendment. For that reason, the law enforcement officials’ failure to give suspect notice of the subject of interrogation could not affect the latter’s decision to relinquish in a constitutionally significant manner that privilege. Basically, an admission cannot be considered “fruit of the poisonous tree” if the tree itself is not poisonous (U. S. Supreme Court Center). As a rule, suspect’s decision to waive his or her Fifth Amendment privilege is considered by law to be voluntary lacking indication that the suspect’s resolution is overborne…

Jurisprudence

The term jurisprudence has been used in very different senses. Originally it meant the science of Right. Afterwards it was used to mean knowledge of the principles of law, or skill in its practice. In the institutes of Justinian Jurisprudence is define d to be the knowledge of what is just and unjust. Upon the revival of learning in Europe in the sixteenth century, jurisprudence was used to signify the knowledge of the Roman law. The term has also been used in a sense borrowed from the French to imply a collection of the principles belonging to particular branches of law – thus, Equity Jurisprudence, Maritime Jurisprudence. The term has also been used to signify the whole body of the…

Rule of Law

RULE OF LAW In course of Twentieth century, the emergences of democratic legislations and state welfare laws have lowered the effect of natural law and common law. These laws are bit liberal and sometimes puts limitations on the rule of Law in the name of nation’s Interest. This principle of ‘Rule of Law’ has been a matter of discussion and analysis since a long time in the realm of Jurisprudence and Legal theory. But, very less interest has been shown towards the exact definition of ‘Rule of Law’. Rule of law means, the law should rule. People should follow and obey the law. In simple way we may say that by Rule of Law the sense that is conveyed is,…

The Case of the Speluncean Explorers

The case of the Speluncean explorers The purpose of this essay is to critically analyse one of the five judgments in the case of the Speluncean explorers. There will be three main parts to this essay. First, five key aspects that were evident in the Judge’s decision making process will be summarised. Second, fundamental aspects of legal positivism will be identified and described. Finally, a critique of legal positivism will be provided utilising two main concepts from this theoretical perspective. Chief Justice Truepenny’s decision making process will now be summarised. Trupenny used the following key aspects to make a decision on his judgement on the Case of the Speluncean Explorers. All judges must follow Laws of Commonwealth, which are set…