Introduction to Law and Society II - Day 2
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Questions and Answers

Which concept requires citizens to give up some freedoms for peace and protection?

  • Political Power
  • Natural Rights
  • Social Contract (correct)
  • Natural Law

John Locke believed that political power is absolute and cannot be resisted.

False (B)

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.

<p>classical naturalist</p> Signup and view all the answers

Which of the following is NOT one of Fuller's eight moral principles of the law?

<p>The rules must allow for infinite exceptions (A)</p> Signup and view all the answers

Match the philosophers with their views on natural law:

<p>Aquinas = Natural right to life Hobbes = Absolute sovereign power Locke = Social contract for peace Fuller = Law's inner morality</p> Signup and view all the answers

Lon Fuller proposed that law has an inherent morality guiding its function.

<p>True (A)</p> Signup and view all the answers

According to Aquinas, how would he view the law of assisted death?

<p>It goes against the natural right to life</p> Signup and view all the answers

Which of the following is NOT one of the four types of rights as suggested by Wesley Hofheld?

<p>Equity (B)</p> Signup and view all the answers

Dworkin believes that law is a collection of past interpretations of legal decisions.

<p>True (A)</p> Signup and view all the answers

What is the opposite of 'claim' in the context of rights?

<p>no-right</p> Signup and view all the answers

According to Hofheld, the opposite of privilege is ______.

<p>duty</p> Signup and view all the answers

Match the following terms to their correct definitions:

<p>Claim = Imposes an obligation on others not to infringe Privilege = No duty to refrain from a specific action Power = Ability to change someone else's rights Immunity = Protection from a specific duty</p> Signup and view all the answers

What is a key criticism of the constructive interpretation of law?

<p>It leads to uncertainty and unpredictability. (B)</p> Signup and view all the answers

Duties are put in place to promote rights.

<p>True (A)</p> Signup and view all the answers

What framework views human rights as inherent to the individual?

<p>Naturalist framework</p> Signup and view all the answers

What does the principle of stare decisis dictate?

<p>Judges should follow precedent in legal decision-making. (C)</p> Signup and view all the answers

Dworkin believes that legal positivism can adequately account for moral principles in law.

<p>False (B)</p> Signup and view all the answers

What is the guiding principle in the Riggs v Palmer case? The murderers eligibility to inherit from a victim.

<p>No person should profit from their own wrong.</p> Signup and view all the answers

What is the primary focus of Hart's legal positivism regarding Supreme Court decisions?

<p>The validity of law based on accepted rules (C)</p> Signup and view all the answers

Hard positivism asserts that law and morality are completely separate.

<p>True (A)</p> Signup and view all the answers

Dworkin's approach to legal interpretation is known as __________ interpretation.

<p>constructive</p> Signup and view all the answers

Match the following concepts to their definitions:

<p>Stare decisis = A principle mandating precedence in decisions Rules = All or nothing legal standards Legal principles = Guidelines aiding in decision-making Constructive interpretation = Imposing purpose on legal practices to improve them</p> Signup and view all the answers

What is the core idea of soft positivism?

<p>Law and morality are mostly separate, but moral principles can play a role in lawmaking or legal interpretation.</p> Signup and view all the answers

According to Dworkin, what is the nature of legal questions?

<p>They always have unique, right answers. (B)</p> Signup and view all the answers

The thesis that morality and law are not necessarily connected is called the ______.

<p>separability thesis</p> Signup and view all the answers

Which of the following laws of nature did Hobbes identify?

<p>Resistance of tyranny (B)</p> Signup and view all the answers

What is the 'Obligation thesis' related to?

<p>Legal obligations are generated by rules.</p> Signup and view all the answers

Dworkin promotes 'strong' judicial discretion in legal rulings.

<p>False (B)</p> Signup and view all the answers

Match the following concepts with their descriptions:

<p>Hard Positivism = Law and morality are completely separate. Soft Positivism = Moral principles can influence law. Dworkin's critique = Law is subject to interpretation and open textured. Precedent = Sets guidance for lower courts.</p> Signup and view all the answers

Dworkin believed that law is fixed and not open to interpretation.

<p>False (B)</p> Signup and view all the answers

Which legal theorist is primarily associated with the critiques of legal positivism?

<p>Ronald Dworkin</p> Signup and view all the answers

Who developed social contract theory?

<p>Thomas Hobbes (B)</p> Signup and view all the answers

John Locke believed that natural rights can be taken away by political authority.

<p>False (B)</p> Signup and view all the answers

What document lists 30 distinct rights and freedoms?

<p>Universal Declaration of Human Rights</p> Signup and view all the answers

The UN Charter was established in _____ and aims to promote human rights globally.

<p>1945</p> Signup and view all the answers

Match the following philosophers to their main beliefs about rights:

<p>Thomas Hobbes = Humans are inherently selfish John Locke = Natural rights like life, liberty, and property Immanuel Kant = Rights based on rationality Jack Donnelley = Human rights belong to all humans</p> Signup and view all the answers

What is one of the critiques of the legal approach to human rights?

<p>It focuses solely on political communities (C)</p> Signup and view all the answers

Economic sanctions are an example of internal means to enforce human rights.

<p>True (A)</p> Signup and view all the answers

What inspired the American and French Revolutions regarding human rights?

<p>Declarations of equality and rights</p> Signup and view all the answers

Which body needs to agree for laws to be created, enacted, or removed in Canada?

<p>House of Commons, Senate, and Governor General (B)</p> Signup and view all the answers

Legal positivism divides legal rules into primary rules and tertiary rules.

<p>False (B)</p> Signup and view all the answers

What are the primary rules according to H.L.A. Hart?

<p>Obligation rules that impose duties or obligations on citizenship.</p> Signup and view all the answers

The principle of _____ dictates that lower courts must follow the decisions made by higher courts.

<p>Stare Decisis</p> Signup and view all the answers

Match the following aspects of legal positivism with their descriptions:

<p>Primary Rules = Impose duties on citizens Secondary Rules = Empower officials within the legal system Rules of Change = Govern the making of primary rules Rules of Recognition = Determine validity of legal rules</p> Signup and view all the answers

In Fraser v Canada, the Supreme Court considered whether the exclusion of certain groups from accessing benefits was:

<p>Constitutional under the Canadian Charter of Rights and Freedoms (A)</p> Signup and view all the answers

According to John Austin, judicial rulings can qualify as law if they are backed by sanctions.

<p>False (B)</p> Signup and view all the answers

How does H.L.A. Hart's view on law differ from John Austin's?

<p>Hart believes law includes both primary and secondary rules, while Austin sees law as commands from a sovereign.</p> Signup and view all the answers

Flashcards

Social Contract Theory

The idea that individuals surrender some of their freedoms to a sovereign power in exchange for peace and protection.

Natural Rights

The rights inherent to all human beings, which are not granted by the government, but are essential for living with dignity and freedom. John Locke identified life, liberty, and property as fundamental natural rights.

Sovereign Power

The idea that individuals, through a social contract, agree to give up absolute freedom for the protection and stability provided by the state.

Law's Inner Morality

A principle of law that suggests that laws must follow intrinsic principles of justice and fairness to be considered legitimate.

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Law’s Function

The essential role of law is to provide general rules and principles that guide behavior and maintain social order. This ensures predictability and allows society to function harmoniously.

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Moral Principles of the Law

A set of principles that guide law-making and legal systems, ensuring laws are clear, just, and applied fairly. These principles aim to make law effective and legitimate in the eyes of the people.

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Evolving Legal Systems

The notion that laws should evolve over time to reflect changes in society and its values. This acknowledges that what's considered just or acceptable changes.

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Moral Relativism

The idea that there is no single, universal set of moral truths. This challenges the notion of objective and unchanging natural laws, leading to debates about how to determine what's morally right or wrong.

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Hard Positivism

The idea that the validity of law does not depend on its moral merit.

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Soft Positivism

The idea that law and morality are closely intertwined, but the moral content of law is not necessary for its validity.

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Separability Thesis

The central claim of legal positivism that law and morality are distinct, meaning the existence and content of law are determined solely by factors like social circumstances.

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Rules of Recognition

A set of rules that determine how to identify the laws of a legal system, including the constitution as the ultimate source of authority.

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Case Law

The practice of judging based on precedents (past legal decisions) which guides future decisions in similar cases.

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Open Texture of Law

The idea that legal rules can have open-ended meanings, requiring interpretation based on context and principles.

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Interpretation of Law

The ability of law to be interpreted and applied to specific circumstances, even if not explicitly covered by existing rules.

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Philosophy of Language

A branch of philosophy that explores how we make sense of the world through language and concepts, including the concept of 'justice.'

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Legal System

A legal system that sets rules for creating, enacting, and removing laws. These rules are typically written down and enforced by institutions like the government and courts. This system ensures justice and predictability in society.

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Constitutional Supremacy

A core principle in a legal system where supreme law or constitution limits the powers of other laws and actions of the government. If a law contradicts this higher law, it can be declared invalid.

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Primary Rules

Rules that impose duties or obligations on citizens. They establish what people must or must not do. Examples include paying taxes, following traffic laws, and respecting property rights.

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Secondary Rules

Rules that empower officials within the legal system. These rules govern how to make or change laws, how to settle disputes, and how to enforce laws.

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Stare Decisis

A principle that emphasizes the importance of precedent in judicial decisions, meaning lower courts must abide by decisions made by higher courts in similar cases. This ensures consistency and stability in legal interpretation.

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Legal Positivism

A theory of law that emphasizes the role of human-made rules. It asserts that laws are valid only when created through proper procedures and based on those rules. This approach distinguishes law from other forms of social control.

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Precedent

A legal concept where a court ruling or decision sets a precedent for similar future cases, influencing how judges handle similar situations. It helps avoid inconsistency and ensures fairness in legal interpretations.

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Pedigree Thesis

A theory arguing that a legal rule is valid only if it meets certain conditions.

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Obligation Thesis

The idea that law only comprises rules, without considering broader principles or moral standards.

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Rules Thesis

A principle of law stating that legal obligations are created and enforced by rules.

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Rules and Principles

Dworkin's argument that law consists of more than just legal rules; it also includes principles (moral standards) that guide legal decisions.

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Legal Principles

Dworkin's argument that legal principles provide justifications for legal decisions, even when no explicit rules apply.

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Dworkin and Constructive Interpretation

Dworkin's view that law is constantly evolving and being interpreted, not static.

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Dworkin and Right Answers

Dworkin's belief that every legal question has a ‘right’ answer, meaning the best possible answer within the legal framework.

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Objective Description of Law

Describes the law as it currently is, without considering what it could be.

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Dworkin's View of Law

Law is not a fixed set of rules, but rather a collection of past interpretations of legal decisions.

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Consequences of Constructive Interpretation

This approach introduces uncertainty and unpredictability into the legal system.

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Naturalist Framework of Human Rights

Rights are inherent to individuals due to their humanity.

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Function of Rights

They confer a beneficial status on the holder.

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Claim Rights

A claim right grants a person the right to something from another individual or entity.

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Privilege Rights

A privilege allows an individual to act in a certain way without any obligation.

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Power Rights

Power grants an individual the authority to influence or change the rights of others.

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Human Rights

Rights inherent to all human beings, regardless of their background, race, gender, or any other characteristic. These rights are not bestowed by governments, but are inherent to human existence itself.

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Thomas Hobbes

Philosopher who believed that humans are inherently rational and capable of creating a just society through a social contract, where individuals agree to abide by certain rules for collective benefit.

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John Locke

Philosopher who argued for natural rights, emphasizing the right to life, liberty, and property. He believed that governments must protect these rights and are accountable to the people.

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Universal Declaration of Human Rights (UDHR)

The 1948 declaration by the United Nations which outlines 30 fundamental human rights and freedoms, including the right to life, liberty, and security of person.

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Legislation of Human Rights

The process of formally enacting laws to protect human rights, inspired by moral principles and historical movements like the American and French revolutions.

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International Law and Human Rights Enforcement

The use of sanctions (economic or military) to pressure states into upholding human rights, a key tool in human rights enforcement.

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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 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
  • Key principles for a command theory:
    • All sovereign commands are valid and enforceable.
    • Sovereign is the entity that receives habitual obedience.
  • 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.
  • Hard Positivist view: Law’s validity is independent of moral content.
  • Soft Positivist view: Law may incorporate moral content as criteria for validity.
  • 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.

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