Introduction to Legal Philosophy

False (B)

The rule of recognition provides a way to determine the validity of laws within a legal system. It establishes the criteria by which officials recognize and apply legal rules, essentially defining what counts as a law within that jurisdiction.

<p>social, political, and economic</p> Signup and view all the answers

<p>John Austin = Command Theory of Law H.L.A. Hart = The Concept of Law Thomas Aquinas = Law and Morality Critical Legal Theories = Law as a Tool of Power</p> Signup and view all the answers

<p>Civil Law (D)</p> Signup and view all the answers

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

<p>Legal Positivism separates law from morality, arguing that the validity of a law does not depend on its ethical content. Natural Law Theory, on the other hand, asserts that law is derived from morality and that unjust laws are not true laws.</p> Signup and view all the answers

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

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

<p>The Bad Man Theory</p> Signup and view all the answers

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

<p>Feminist Legal Theory = Reforming laws that marginalize women Critical Race Theory = Examining systemic racism in law Legal Positivism = Separating law from morality Natural Law Theory = Arguing that law must be moral to be valid</p> Signup and view all the answers

<p>The concept that valid laws must follow an accepted system of rules (A)</p> Signup and view all the answers

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

<p>Judicial discretion</p> Signup and view all the answers

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

<p>Lon Fuller (C)</p> Signup and view all the answers

<p>Enforceable by divine authority (B)</p> Signup and view all the answers

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

<p>To argue that law serves political and economic interests and is not neutral.</p> Signup and view all the answers

<p>Natural Law</p> Signup and view all the answers

<p>John Austin = Legal Positivism Thomas Aquinas = Natural Law Theory Oliver Wendell Holmes Jr. = Legal Realism Duncan Kennedy = Critical Legal Studies</p> Signup and view all the answers

<p>Social facts and authority (A)</p> Signup and view all the answers

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

<p>Law created by judges through their rulings in legal cases.</p> Signup and view all the answers

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

<p>Legal Positivism = Law is based on social facts, not morality Natural Law Theory = Law must align with moral principles Judicial Discretion = Judges' flexibility in interpreting laws Rule of Law = Principle that laws must be applied equally</p> Signup and view all the answers

<p>Law is best understood by someone seeking to avoid punishment. (D)</p> Signup and view all the answers

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

<p>Catharine MacKinnon</p> Signup and view all the answers

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

The study of the nature, sources, and functions of law.

Law is a social construct derived from established rules, not morality.

Key legal positivist known for the Command Theory of Law.

Law is a command of the sovereign, backed by sanctions.

Criticized Austin’s theory and introduced the rule of recognition.

Law is valid when officials recognize and apply its rules.

Law originates from morality and human reason.

Natural law theorist who linked law with moral principles.

Focuses on how law functions in practice and its real-world outcomes.

A perspective on law stating that it should be understood from the view of someone trying to avoid punishment.

The idea that judges' biases can affect legal decisions beyond written laws.

Argues law serves political and social interests, not neutrality.

Debate on whether law requires morality (Natural Law) or if it's just a construct (Positivism).

The principle that laws should be clear, public, and apply equally to everyone.

The latitude judges have in interpreting and applying laws.

Examines how law upholds systemic racism and benefits dominant groups.

Analyzes how law has marginalized women and advocates for reform.

Austin's idea that law is a command from the sovereign authority to the governed.

An unjust law is considered no law at all.

Laws must meet procedural standards to be valid, including clarity and consistency.

Judges create law through their rulings, rather than only through legislation.

Law serves political and economic interests, often masking oppression.

The ultimate authority in a legal system.

The belief that law is based on social facts and rules, separate from morality.

A key figure in Critical Legal Studies who argues law reinforces social hierarchies.

Key figure in Feminist Legal Theory; argues for gender equity in law.

Argued that 'judge-made law' is influenced by personal biases and circumstances.

Examines how law reflects racial biases and upholds systemic racism.