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Questions and Answers
What is the primary function of the scales held by Lady Justice?
What is the primary function of the scales held by Lady Justice?
- Weigh the arguments (correct)
- Represent the balance of power
- Symbolize the judge's authority
- Measure the time taken for a case
In the context of law, what does 'normative order' refer to?
In the context of law, what does 'normative order' refer to?
- How things should be (correct)
- Descriptive nature of law
- Factual reality of legal systems
- Enforcement of regulations
What are the necessary aims of law, as mentioned in the text?
What are the necessary aims of law, as mentioned in the text?
- Maintain peace, promote social equality, enforce obligations
- Enforce obligations, execute will of ruling class, protect rights of minorities
- Execute will of majority, promote social equality, protect rights of minorities
- Maintain peace, order social relations, allow economic exchange (correct)
How does law typically operate in terms of enforcement?
How does law typically operate in terms of enforcement?
According to the text, what is the nature of laws in relation to individual actions?
According to the text, what is the nature of laws in relation to individual actions?
What does the text suggest about the relationship between general law and specific ends of action?
What does the text suggest about the relationship between general law and specific ends of action?
How does the text define freedom under the law?
How does the text define freedom under the law?
What are the examples of soft law?
What are the examples of soft law?
What are the types of legal rules mentioned in the text?
What are the types of legal rules mentioned in the text?
What are the sources of law discussed in the text?
What are the sources of law discussed in the text?
What is the concept of justice as the highest virtue related to?
What is the concept of justice as the highest virtue related to?
What does Friedrich A. Hayek's perspective on law emphasize?
What does Friedrich A. Hayek's perspective on law emphasize?
What does the distinction between commutative and distributive justice refer to?
What does the distinction between commutative and distributive justice refer to?
What is the concept of law as abstract and general rules distinct from?
What is the concept of law as abstract and general rules distinct from?
What does the development of abstract rules and their unconscious obedience in human and animal societies illustrate?
What does the development of abstract rules and their unconscious obedience in human and animal societies illustrate?
What does the difference between laws and commands relate to?
What does the difference between laws and commands relate to?
What does the function of law beyond ensuring fairness and justice include?
What does the function of law beyond ensuring fairness and justice include?
What does the idea of justice as the highest virtue emphasize?
What does the idea of justice as the highest virtue emphasize?
What is the concept of justice as the highest virtue distinct from?
What is the concept of justice as the highest virtue distinct from?
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Study Notes
The Nature of Law and Justice
- The distinction between hard law (enforceable) and soft law (non-binding)
- Examples of soft law including UN resolutions and guidelines
- Legal rules: prohibitions, obligations, permissions, and their application to individuals and organizations
- The function of law beyond ensuring fairness and justice, including foreseeability, finality, certainty, efficiency, and order
- Sources of law including common law, case law, and the relationship between law, justice, morality, and equity
- Aristotle's rationalization of justice and the concept of natural law
- The idea of justice as the highest virtue and distinction between lawful and fair
- Different types of justice including commutative and distributive justice
- The concept of law as abstract and general rules, distinct from commands
- Friedrich A. Hayek's perspective on law as a science of liberty and the distinction between laws and commands
- The development of abstract rules and their unconscious obedience in human and animal societies
- The difference between laws and commands in terms of specificity, concreteness, and distribution of aims and knowledge.
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