The University of Hong Kong

Department of Law

LAW AND SOCIETY (LLAW1009)

Examiner’s Comments (2022-23)

QUESTIONS

Question 1

Hillary Clinton once said that the danger in the USA was that it might become:
‘government of the few, by the few, and for the few.’ Do you think this is true
of modern societies more generally? Critically discuss. Answer with reference
to two of the theorists that were taught in this course.

The average B-range answers summarized the theories of Locke, Hobbes etc
and would say something like: Locke and Rousseau would disagree, Marx
would agree, Hobbes may agree/disagree.

The A-range answers would go deeper and discuss how inequality is a big
problem in modern society. This could come from stratification (discussed in
the first lecture). Some answers took this opportunity to acknowledge Marxism
and how it attempts to solve the problem. This is the economic dimension.

Political power was also discussed in some good scripts. The states no doubt is
an exemplification of that. Some answers questioned the usefulness of Locke, or
at least pointed out that Locke is criticized for giving rise to inequality.
Ideological power, in particular the power of the Catholic Church in medieval
Europe, was also discussed at some answers. Some answers talked about how
the idea was seen in medieval times, as well as in modern times.

The C-range or lower answers generally failed to do what is required for a B-

range answer.

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Question 2

Alternative Dispute Resolution offers a number of benefits to disputing parties

including the ability to repair harm, to reduce cost, and to achieve a win-win
outcome. The court cannot do those things. To what extent is the court still an
important institution in society? Critically discuss.

A B-range answer is one where the student defended the court system by saying
how it upholds the rule of law, how the court has an educational role to play,
and how the court is indispensable because ‘justice must be seen to be done’,
There were also answers in this category where students talked about how law
sets moral standards for society (Devlin) and thus it is the court which is the
institution in society implementing such moral standards.

An A-range answer should display knowledge on the pros and cons of ADR,
and the pros and cons of the court system. Whether the court system should
continue to dominate or not, it is up to the student to form his/her view. The
important thing is for the student to dissect the concept of justice, and realize
that justice coming from the court, ie whether one is right/wrong or guilty/not
guilty, is only one kind of justice. Justice also includes parties working together
to achieve an amicable solution.

A C-range or lower paper generally failed to do what is required for a B-range

answer.

Question 3
Human history began with humans living in stateless societies. The creation of
states can be seen as evidence of progress and prosperity in human history. Do
you agree? Critically discuss.

A B-range answer would talk about the features and characteristics of stateless
societies and states. The article from Harris (reading for the first tutorial) gives
much information on this, including the conditions that are needed for a society
to become a state. Answers in this category would also compare (usually) the
advantages of states over stateless societies.

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An A-range answer would have identified the key words in the question being
‘progress and prosperity.’ A good answer would go on to argue that having
states does not necessarily mean that there is progress and prosperity. World
history is full of examples. Common examples students like to talk about
include wars between states, human rights not being respected by states,
inequality and exploitation etc. Some other answers may acknowledge having
states represent progress and prosperity partially because not all states are the
same.

A C-range or lower paper generally failed to do what is required for a B-range

answer.

Question 4
To what extent are the ideas of Mill and Kant, when applied to marriage and
divorce, persuasive today?

A B-range answer would identify aspects of Mill’s and Kant’s theories that are
relevant to modern marriage and divorce, as well as those that are no longer as
relevant, and provide reasons. Answers in this category would often discuss
HK’s laws concerning marriage, the grounds for divorce and recent
developments in England. Some answers also considered principles that applied
to different situations, such as couples with children and domestic abuse.

An A-range answer would attempt a deeper analysis, which might include

bringing out more specificities of Mill’s and Kant’s thoughts relating to
marriage, divorce, love and human development, reconciling differences in
Mill’s and Kant’s theories in respect of marriage and divorce, or discussing
Chinese customary marriage and changes in gender equality.

A C-range or lower paper generally failed to do what is required for a B-range

answer.

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Question 5
In The Case of The Speluncean Explorers (Lon Fuller), Keen J said that it is not
necessary to consider questions of ‘“right” or “wrong,” “wicked” or “good.”’
He said that ‘conceptions of morality’ are ‘irrelevant,’ and he only needed to
apply ‘the law of the land.’ Do you agree that law and morality are, and should
be kept, entirely separate? Critically discuss.

For this question, most answers discussed how law and morality cannot be
totally separated. The better answers incorporated some of the other views given
by the other fictitious judges in the Speluncean Explorers. Some of these other
views argue the justifications for considering morality in the law. Some other
good scripts included the discussions on the Hart/Delvin debate, in particular,
Devlin’s view that the law can be used to set moral standards in society. The
weaker answers did not make reference to the said debate or to the other reading
materials, but simply put forward some superficial personal views as to why law
and morality should not be separated.

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