Legal Method and

Legal Writing

2022L9412
LLB Year 1 – 1st assignment
Faculty of Law
University of Colombo
 UNIVERSITY OF COLOMBO, SRI LANKA
FACULTY OF LAW
BACHELOR OF LAWS HONOURS DEGREE LLB (Hons)
YEAR I – 2023
LEGAL METHOD AND LEGAL WRITING CONTINUOUS
ASSESSMENT (Take home)

Question

Select two current events, either in Sri Lanka or a

different country, that have legal implications. Analyse
these events with reference to two different schools of
legal thought that you are familiar with.
Issue;
“Jayani Natasha Edirisooriya, a Sri Lankan stand-up comedienne, was arrested at
Katunayake International Airport on May 28, on accusations that she “defamed Buddhism”
through her performance in a comedy program, “Modibhimanaya” (Fool’s Pride) in April.”1

Rule;

Sociological School of Law

“All collective human life is directly or indirectly shaped by law. Law is like knowledge, the
essential and all-pervasive fact of the social condition”-Niklas Luhmann-
Law is a science that emerges from society and is a tool for social control. The sociological
School of Jurisprudence focuses on balancing the welfare of the state and individual, promoting
harmony and interest balance. It emphasizes practical aspects of law, viewing it as a social
institution linked to other scientific disciplines. Sociological jurists describe the law in various
ways, focusing on its functional aspects and court rulings, rather than positivism and historical
jurisprudence. Key philosophers in this school include Auguste Comte, Max Weber, Emile
Durkheim, Jhering, and Rosco Pound.
The French thinker Auguste Compte is regarded as founding the father of the sociological
school of law.2

1
“Arrest of Stand-up comedian Natasha: ICCPR Act & Shrinking Space For Dissent”,
(Colombo Telegraph, 1st June, 2023 ) <https://www.colombotelegraph.com/index.php/arrest-of-
stand-up-comedian-natasha-iccpr-act-shrinking-space-for-dissent/> accessed on 10th June
2023

2
Pound, Roscoe. Jurisprudence. St. Paul, Minn, West Pub.
Co.<https://heinonline.org/HOL/P?h=hein.beal/jurisp0001&i=323> accessed on 17th June 2023
Analysis;
Natasha Edirisooriya is one of the few practicing women stand-up comedians in Sri Lanka.
She has actively created and defined a space for herself as a feminist who addresses issues
of gender, sex, chauvinism and misogyny, moral and religious hypocrisy, education, family
life, and mental health through her stand-up comedy.
• Section 3 of the International Convention on Civil and Political Rights (ICCPR) Act
no. 56 of 2007
• Section 291A (deliberate intention of wounding the religious feelings of any class of
person) of the Penal Code of Sri Lanka.
• Section 291B (deliberate and malicious intention of outraging the religious feelings
of any class of persons) of the Penal Code of Sri Lanka.
According to the ICCPR Act and Penal Code mention Natasha Edirisooriya’s controversial
statement is a clear attack on society. The sociological school of law must be active to
balance the conflicts with the rights of another.
Article 9 of the constitution “The Republic of Sri Lanka shall give to Buddhism the foremost
place and accordingly, it shall be the duty of the state to protect the foster the Buddha
Sasana while assuring to all religions the rights granted by Article 10 and 14(1).” 3
Just because freedom of speech has been given through the constitution of the government,
religious scholars should not be humiliated and engaged in speech. Natasha Edirisooriya’s
statement is criticized especially by Sri Lankan Buddhists. Such statements are condemned
by society because of their credibility and respect for the Buddha. Then some controversial
situations are created in society. Therefore, it should be controlled and create a peaceful
society. This is what the sociological school of law expects.

Conclusion;
The idea of sociological school is to establish a relationship between law and society. This
school laid more emphasis on the legal perspective of every problem and every change that
takes place in society. The sociological School of Jurisprudence focuses on balancing the
welfare of the state and the individual was realized.
Recently, the incident related to the statement of Natasha Edirisooriya, which was
discussed more in Sri Lanka, managed to create a disturbance in the society and she
enjoyed the freedom of speech in such a way as to create a social problem. Speaking in a
sense of humor and sarcasm is not a problem, but engaging in speech that insults religious
beliefs is. It is an attack on the peaceful society. Therefore, in my opinion, it is justified to
punish her legally.

3 The Constitution of the Democratic Socialistic Republic of Sri Lanka 1978

Issue;
“After a protracted legal battle, Portugal on 12 th May became one of a select few nations in
the world to legalize euthanasia for those who are in extreme pain or who have terminal
illnesses.
Conservative president Marcelo Rebelo de Sousa, a devoted churchgoer, firmly opposed the
issue, which has caused division in the deeply Catholic nation.
People over 18 will be permitted to request assistance in dying under its terms if they are
terminally sick and in severe pain. Only those experiencing "lasting" and "unbearable" pain
will be covered, barring a determination that they lack the mental capacity to make such a
decision.
The law won't apply to visitors or foreign nationals; it will only be applied to citizens and
legal residents.”4
Rule;
Natural Law School
“Law is morality and nothing more” is the main idea of the Natural law school. Natural law
tries to provide a moral justification for existing social and economic systems and their
legal systems. The central idea of natural law theories is ‘there is a kind of higher law (non-
man made law/God’s law) based on morality. Most natural law theorists maintain the duty
to obey the law is ultimately a moral duty. The idea of the existence of natural law can be
traced at least as far back as ancient Greece works of Plato and Aristotle.
Scholars held natural law views: Socrates, Plato, Aristotle, Cicero, Gaius, Justinian, Grotius,
Augustine, Aquinas, Lon Fuller, and John Finnis.
Natural law theory is a perspective that seeks to establish a connection between law and
morality. It asserts that there is a fundamental intersection between what "is" (the current
state of affairs) and what "ought" to be (how things should ideally be). The theory aims to
reconcile this tension and proposes that what naturally exists should align with what
should exist.
The classification of natural law school into four parts.
• Ancient Period
• Medieval Period
• Renaissance Period
• Modern Period

4 “Portuguese parliment legalizes euthanasia after long battle” (the guardian, 12th May 2023)
<https://www.theguardian.com/world/2023/may/12/portuguese-parliament-
legaliseseuthanasiaafterlongbattle#:~:text=After%20a%20long%20battle%2C%20Portugal,of%20countries%20arou
nd%20the%20world.>accessed on 23rd June 2023
Analysis;
Euthanasia, a concept in natural law ethics, is a moral issue that concerns the inherent dignity
and value of human life. It is seen as contrary to natural law, as it involves intentionally ending a
person's life to relieve suffering. Euthanasia is problematic in natural law ethics, as it contradicts
the fundamental principle of respecting and preserving human life.
“Natural law is a religious ethical theory that puts reason at the centre of moral thought and
decisions. Euthanasia is a modern practice where a person/persons can be killed on their own
terms, whether passively (switching of a life machine) or actively (lethal injection).” 5
Natural law ethics emphasizes human agency and reason, arguing that humans must discern
moral truths and act accordingly. Euthanasia, a violation of human agency, may undermine the
person's autonomy. It also acknowledges the concept of double effect, where actions with both
good and unintended harmful effects may be morally permissible. The primary intention should
be pain relief, not intentional causing of death.
As an important judgment related to this topic was
A Regd society v Union of India and another Writ petition (No 215 of 2005).

Conclusion;
According to the school of natural law, the law should always be fair to everyone and thus
gives priority to individual rights. Since every human being born in this world should have
the right to live, the legalization of euthanasia is an attack on it. Accordingly, the Portuguese
have done so through the legalization of euthanasia. There is an action contrary to the
opinion of natural lawyers. On May 3rd, the Dutch Parliament also announced that
euthanasia will be licensed for children aged 7-12 years.6 This reflects how countries are
currently inclined to legalize euthanasia. It is against morality.

5 Peter Baron “Assess the view that natural law is of no help with regard to the issue of euthanasia”(Philosophical
Investigation, 08th October 2018) < https://peped.org/philosophicalinvestigations/essay-full-mark-2018-essay-on-
natural-law/> accessed on 30th June 2023
6 The spectator, 3rd of May 2023
 Differences between Natural law school and Sociological school of law

• In the natural law school, priority is given to securing individual rights, while in the
socialist school of law, priority is given to balancing conflicting rights.

• In the natural law school, law and morality always coincide, while in the sociological
school, law works for social well-being.

• In the natural law school, conformity to man's instincts is more emphasized, while in
the socialist school of law, priority is given to creative conflict balancing through
instinct.
 Bibliography

• Legislation

The Constitution of the Democratic Socialistic Republic of Sri Lanka 1978

• Websites and Blogs

Baron P, “Assess the view that natural law is of no help with regard to the issue of euthanasia”
(Philosophical Investigation, 08th October 2018) <
https://peped.org/philosophicalinvestigations/essay-full-mark-2018-essay-on-natural-law/>
accessed on 30th June 2023

Pound, Roscoe. Jurisprudence. St. Paul, Minn, West Pub. Co.

<https://heinonline.org/HOL/P?h=hein.beal/jurisp0001&i=323> accessed on 26th June 2023

• Newspaper Articles
“Arrest of Stand-up comedian Natasha: ICCPR Act & Shrinking Space For Dissent”,
(Colombo Telegraph, 1st June, 2023) <https://www.colombotelegraph.com/index.php/arrest-
of-stand-up-comedian-natasha-iccpr-act-shrinking-space-for-dissent/> accessed on 10th June
2023

“Portuguese parliment legalizes euthanasia after long battle” (the guardian, 12th May 2023)
<https://www.theguardian.com/world/2023/may/12/portuguese-parliament-
legaliseseuthanasiaafterlongbattle#:~:text=After%20a%20long%20battle%2C%20Portugal,of%20countries%20arou
nd%20the%20world.>accessed on 23rd June 2023

The spectator, 3rd of May 2023