KABARAK UNIVERSITY

UNIVERSITY EXAMINATIONS
MAIN CAMPUS

THIRD SEMESTER, 2017/2018 ACADEMIC YEAR

EXAMINATION FOR THE BACHELORS DEGREE IN LAW

KLAW 115: SOCIAL FOUNDATIONS OF LAW

STREAM: Y1S1 TIME: 2.00-4.00 P.M

EXAMINATION SESSION: AUGUST DATE: 0/08/ 2018

INSTRUCTIONS
 Answer Question ONE and any other TWO questions.
SECTION A

Total marks for this section is 30.

QUESTION 1

a) Analyse the theory of social contract by:

i) John Locke (6 marks)

ii) Thomas Hobbes (6 marks)

b) Explain three (3) ways in which human beings interact and form
social relationships (6 marks)
c) Discuss three (3) ways in which gender mainstreaming and equality has
been achieved in the following legal spheres:
i) Criminal Law (3 marks)

As members of Kabarak University family, we purpose at all times and in all places,
to set apart in one’s heart, Jesus as Lord. (1 Peter 3:15)
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 ii) Law of succession (3 marks)

d) Discuss two (2) modern perspectives on law and development. (6 marks)

SECTION B

Answer any TWO questions from this section. Each question carries 20 marks.

QUESTION 2

Thomas Aquinas, a natural law proponent, proposed four (4) types of law. Identify and
explain the four types. (20 marks)

QUESTION 3
a) Explain three (3) key theories on social change (8marks)

b) Karl Max theorized that society falls into three (3) broad classes. State the

three classes and outline their role in society (12 marks)

QUESTION 4

a) Explain four (4) key functions of law in the society (8 Marks)

b) Briefly discuss the place of customary law in Kenya under the following headlines:

i) General applicability; (3 Marks)

ii) Rank as a source of law; (3 marks)

As members of Kabarak University family, we purpose at all times and in all places,
to set apart in one’s heart, Jesus as Lord. (1 Peter 3:15)
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iii) Extent of applicability; (3 marks)

iv) Conflict between customs (3 marks)

QUESTION 5

a) Discuss four (4) fundamental rights and freedoms contained in the Constitution
of Kenya 2010. (12 marks)

b) Explain four (4) key elements of rule of law. (8 marks)

As members of Kabarak University family, we purpose at all times and in all places,
to set apart in one’s heart, Jesus as Lord. (1 Peter 3:15)
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