Podcast
Questions and Answers
Which concept requires citizens to give up some freedoms for peace and protection?
Which concept requires citizens to give up some freedoms for peace and protection?
John Locke believed that political power is absolute and cannot be resisted.
John Locke believed that political power is absolute and cannot be resisted.
False
What are the three natural rights highlighted in the content?
What are the three natural rights highlighted in the content?
Life, liberty, and property
Unjust laws exist and are enforced, demonstrating the limits of _____ approaches.
Unjust laws exist and are enforced, demonstrating the limits of _____ approaches.
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Which of the following is NOT one of Fuller's eight moral principles of the law?
Which of the following is NOT one of Fuller's eight moral principles of the law?
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Match the philosophers with their views on natural law:
Match the philosophers with their views on natural law:
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Lon Fuller proposed that law has an inherent morality guiding its function.
Lon Fuller proposed that law has an inherent morality guiding its function.
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According to Aquinas, how would he view the law of assisted death?
According to Aquinas, how would he view the law of assisted death?
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Which of the following is NOT one of the four types of rights as suggested by Wesley Hofheld?
Which of the following is NOT one of the four types of rights as suggested by Wesley Hofheld?
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Dworkin believes that law is a collection of past interpretations of legal decisions.
Dworkin believes that law is a collection of past interpretations of legal decisions.
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What is the opposite of 'claim' in the context of rights?
What is the opposite of 'claim' in the context of rights?
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According to Hofheld, the opposite of privilege is ______.
According to Hofheld, the opposite of privilege is ______.
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Match the following terms to their correct definitions:
Match the following terms to their correct definitions:
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What is a key criticism of the constructive interpretation of law?
What is a key criticism of the constructive interpretation of law?
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Duties are put in place to promote rights.
Duties are put in place to promote rights.
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What framework views human rights as inherent to the individual?
What framework views human rights as inherent to the individual?
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What does the principle of stare decisis dictate?
What does the principle of stare decisis dictate?
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Dworkin believes that legal positivism can adequately account for moral principles in law.
Dworkin believes that legal positivism can adequately account for moral principles in law.
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What is the guiding principle in the Riggs v Palmer case?
The murderers eligibility to inherit from a victim.
What is the guiding principle in the Riggs v Palmer case? The murderers eligibility to inherit from a victim.
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What is the primary focus of Hart's legal positivism regarding Supreme Court decisions?
What is the primary focus of Hart's legal positivism regarding Supreme Court decisions?
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Hard positivism asserts that law and morality are completely separate.
Hard positivism asserts that law and morality are completely separate.
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Dworkin's approach to legal interpretation is known as __________ interpretation.
Dworkin's approach to legal interpretation is known as __________ interpretation.
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Match the following concepts to their definitions:
Match the following concepts to their definitions:
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What is the core idea of soft positivism?
What is the core idea of soft positivism?
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According to Dworkin, what is the nature of legal questions?
According to Dworkin, what is the nature of legal questions?
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The thesis that morality and law are not necessarily connected is called the ______.
The thesis that morality and law are not necessarily connected is called the ______.
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Which of the following laws of nature did Hobbes identify?
Which of the following laws of nature did Hobbes identify?
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What is the 'Obligation thesis' related to?
What is the 'Obligation thesis' related to?
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Dworkin promotes 'strong' judicial discretion in legal rulings.
Dworkin promotes 'strong' judicial discretion in legal rulings.
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Match the following concepts with their descriptions:
Match the following concepts with their descriptions:
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Dworkin believed that law is fixed and not open to interpretation.
Dworkin believed that law is fixed and not open to interpretation.
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Which legal theorist is primarily associated with the critiques of legal positivism?
Which legal theorist is primarily associated with the critiques of legal positivism?
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Who developed social contract theory?
Who developed social contract theory?
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John Locke believed that natural rights can be taken away by political authority.
John Locke believed that natural rights can be taken away by political authority.
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What document lists 30 distinct rights and freedoms?
What document lists 30 distinct rights and freedoms?
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The UN Charter was established in _____ and aims to promote human rights globally.
The UN Charter was established in _____ and aims to promote human rights globally.
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Match the following philosophers to their main beliefs about rights:
Match the following philosophers to their main beliefs about rights:
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What is one of the critiques of the legal approach to human rights?
What is one of the critiques of the legal approach to human rights?
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Economic sanctions are an example of internal means to enforce human rights.
Economic sanctions are an example of internal means to enforce human rights.
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What inspired the American and French Revolutions regarding human rights?
What inspired the American and French Revolutions regarding human rights?
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Which body needs to agree for laws to be created, enacted, or removed in Canada?
Which body needs to agree for laws to be created, enacted, or removed in Canada?
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Legal positivism divides legal rules into primary rules and tertiary rules.
Legal positivism divides legal rules into primary rules and tertiary rules.
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What are the primary rules according to H.L.A. Hart?
What are the primary rules according to H.L.A. Hart?
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The principle of _____ dictates that lower courts must follow the decisions made by higher courts.
The principle of _____ dictates that lower courts must follow the decisions made by higher courts.
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Match the following aspects of legal positivism with their descriptions:
Match the following aspects of legal positivism with their descriptions:
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In Fraser v Canada, the Supreme Court considered whether the exclusion of certain groups from accessing benefits was:
In Fraser v Canada, the Supreme Court considered whether the exclusion of certain groups from accessing benefits was:
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According to John Austin, judicial rulings can qualify as law if they are backed by sanctions.
According to John Austin, judicial rulings can qualify as law if they are backed by sanctions.
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How does H.L.A. Hart's view on law differ from John Austin's?
How does H.L.A. Hart's view on law differ from John Austin's?
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Study Notes
Introduction to Law and Society II - Day 2
- Medical assistance in dying (MAID) passed in 2016, eligibility limited to those with incurable physical illnesses or disabilities.
Natural Law
- Law and morality intersect.
- Morality comprises objective truths, derived externally from the world.
- Law is informed by pre-existing moral truths, sourced from the physical world.
- Example: Earth revolving around the Sun.
Naturalist Framework - Thomas Aquinas
- Aquinas was a Catholic theologian.
- His framework outlines four types of law:
- Eternal Law (Lex Aeterna): God's plan for creation, known only to God.
- Natural Law (Lex Naturalis): Humans' understanding of Eternal Law through reason.
- Divine Law (Lex Divina): Moral guidance revealed in scriptures.
- Eternal law is God's plan for all creation.
- Natural laws for human action are discovered through reason and are defined by God’s plan.
- These laws are discovered from human behaviour.
- Natural inclination towards good; avoid evil:
- Life, knowledge, reproduction, society, and avoidance of ignorance (good).
- Lying, blasphemy, adultery (evil).
- Humans are directed to do good and avoid evil.
- Unjust laws are not considered laws.
Natural Law Theory - William Blackstone
- Blackstone was a British jurist and scholar.
- His work emphasized natural law.
- No legal standard can contradict natural law.
- Law derives its force from natural law.
Natural Law and Social Contract Theories -Hobbes & Locke
- Hobbes: Humans are inherently self-interested, leading to corruption and conflict.
- To avoid war, individuals consent to absolute sovereign power; surrendering all freedoms.
- Locke: Individuals have natural rights (life, liberty, property).
- Social contracts protect these rights for peace and security.
- Locke’s idea that citizens surrender some freedoms in return for state protection.
Application to Bill C-14 (Medical Assistance in Dying)
- Naturalist views: disagree with Bill C-14, arguing that it goes against the natural right to life.
Limits of the Classical Approach to Natural Law
- Unjust laws exist.
- Moral relativism exists, making it hard to define a singular moral truth.
- Legal systems evolve, making traditional natural law frameworks problematic.
New Naturalist Frameworks
- Lon Fuller's legal positivism asserts the existence of an inner morality of law.
- Laws must be consistent and follow certain principles to be valid (general terms, public promulgation, prospectivity, etc.).
Legal Positivism—The Basics
- Legal positivism approaches law as a product of social rules separate from morality.
- Emphasis on objectivity to understand and analyze legal systems, using empirical evidence.
- Focus on factual content of laws, not their moral content
Legal Positivism—John Austin
- Key principles for a command theory:
- All sovereign commands are valid and enforceable.
- Sovereign is the entity that receives habitual obedience.
Legal Positivism—H.L.A. Hart
- Critiques legal positivism by stating that modern governments are composed of separate institutions, not a single sovereign.
- Laws are multifaceted.
- Rules are part of law; secondary rules also contribute to rules (rules of change, adjudication, recognition)
- Law is valid when it is created by the law makers
Application – Austin, Hart and Fraser v Canada
- Supreme Court decisions in Canada can be analyzed via Austin and Hart's legal positivism, examining how their theories approach whether these exclusions are constitutional.
- The approach in Austin’s positivism emphasizes commands from a sovereign.
- Hart’s positivism would highlight the function and importance of secondary legal rules and the supremacy of accepted constitutional norms in the evaluation.
Contemporary Legal Positivism
- Hard Positivist view: Law’s validity is independent of moral content.
- Soft Positivist view: Law may incorporate moral content as criteria for validity.
Dworkin and Legal Rights
- Dworkin believes that law is more than just rules; it also encompasses principles.
- Legal Principles have a part of law (moral standards), which can affect legal decision-making.
- Legal positivism cannot explain these principles.
Dworkin and Constructive Interpretation
- Dworkin argues that law is always in a stage of evolution, needing constructive interpretation, and imposition of purpose.
Dworkin and Right Answers
- All legal questions have right answers.
- Difficult legal cases are dealt with by identifying the best available answer for that case.
Dworkin’s Critics
- Some critics argue that Dworkin’s approach makes the law more uncertain, suggesting that law is subjective.
- Dworkin’s approach ignores that law has changed over time, and therefore cannot provide a uniform standard for right answers.
Test Prep #1
- This section covers test preparation questions related to the concepts discussed so far, including the understanding of how different philosophies view the relationship between law and morality.
Test Prep #2
- There are additional questions for practice on understanding different legal approaches and theories.
Human Rights
- Rights as ethical principles.
- Naturalistic approach to rights emphasizes innate human values.
- Origin of rights.
- Importance of rights.
- Human rights as legal standards.
- Understanding rights' legal implications.
- International legal framework of rights.
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Description
This quiz explores key concepts of law and morality, particularly focusing on Natural Law as seen through the lens of Thomas Aquinas. It examines the intersection of law and ethics, as well as the principles surrounding medical assistance in dying. Test your understanding of these significant legal philosophies.
