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How can asking the question “what is law?” help us to better understand contemporary debates about the role of lawyers and judges in New Zealand? Do you think studying the nature of law can help someone to become a better lawyer? Illustrate your answer with reference to materials you have studied in this course.

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How can asking the question “what is law?” help us to better understand contemporary debates about the role of lawyers and judges in New Zealand? Do you think studying the nature of law can help someone to become a better lawyer? Illustrate your answer with reference to materials you have studied in this course.

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Asking the question "what is law?" can help us better understand contemporary debates about the role of lawyers and judges in New Zealand by providing a foundational understanding of the purpose and function of law in society. This understanding can then be applied to discussions about the roles of legal professionals.

  1. Understanding the Nature of Law: Law is a system of rules that a society or government develops to deal with issues like crime, business agreements, and social relationships. Understanding this helps us to comprehend the role of lawyers and judges as the interpreters and enforcers of these rules.

  2. Role of Lawyers and Judges: Lawyers represent clients in legal proceedings and advise on legal rights and obligations. Judges, on the other hand, preside over these proceedings, interpret the law, and make rulings. Understanding the nature of law can help us appreciate why these roles are necessary and how they contribute to the functioning of society.

  3. Contemporary Debates: In New Zealand, there are ongoing debates about the role of lawyers and judges, such as the balance between upholding the law and advocating for justice, the impartiality of judges, and the accessibility of legal representation. Understanding the nature of law can provide valuable context for these debates.

Studying the nature of law can indeed help someone become a better lawyer. It can provide a deeper understanding of the principles underlying legal rules, enhance critical thinking skills, and foster a broader perspective on the role of law in society. This can lead to more effective legal representation and advocacy.

For instance, in this course, we studied the landmark case of "Wi Parata v The Bishop of Wellington", which questioned the validity of the Treaty of Waitangi under New Zealand law. Understanding the nature of law helped to appreciate the complexities of this case and the role of the lawyers and judges in it. It highlighted how law is not just about rules, but also about social justice and the recognition of historical treaties.

In conclusion, asking "what is law?" and studying its nature can provide valuable insights into the roles of lawyers and judges and contribute to the development of more effective and socially conscious legal professionals.

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