Law and Politics Quiz

The descriptive view of law focuses on how laws actually are, based on facts, while the normative view emphasizes how laws should guide behavior and societal norms.

Hans Kelsen argues that law must effectively regulate political and social life; if a law is routinely disregarded, it indicates a defect in that law.

Law serves as a normative order that facilitates social life and politics by establishing rights and obligations governing interactions between community groups.

<p>Politics influences laws by prioritizing certain goals or values, leading to adaptations or reforms in legal frameworks based on societal needs and political power dynamics.</p> Signup and view all the answers

<p>In Nazi Germany, the election process was manipulated by altering election laws to restrict choices to predetermined candidates, effectively controlling the political outcome.</p> Signup and view all the answers

<p>The exclusive view holds that no religious arguments are allowed in public policy.</p> Signup and view all the answers

<p>MLK combined religious rhetoric with public values like equality and justice in his speeches.</p> Signup and view all the answers

<p>Shared political values, like human dignity, allow for religious views to be framed in the abortion debate.</p> Signup and view all the answers

<p>Public reason ensures that political decisions are justified by shared principles, maintaining legitimacy.</p> Signup and view all the answers

<p>Public reason applies to constitutional issues, while nonpublic reason pertains to civil society matters.</p> Signup and view all the answers

<p>Regulative rules exist independently of the actions they govern, while constitutive rules create the actions they regulate.</p> Signup and view all the answers

<p>An example of a constitutive rule is the rules of Chess; they define how the game is played and create the game itself.</p> Signup and view all the answers

<p>The borderline case is voting, which can be seen as either regulative or constitutive depending on the interpretation.</p> Signup and view all the answers

<p>The problem involves the question of what rule legitimizes a ruler's authority to make laws, suggesting the need for a prior rule.</p> Signup and view all the answers

<p>Kelsen's Grundnorm prioritizes norms by establishing a foundational norm that underpins legal systems.</p> Signup and view all the answers

<p>Legal positivism asserts that the validity of law is determined by the authority that issues it, not its moral content.</p> Signup and view all the answers

<p>Weber's 'rule of law' refers to a state where the legal consequences of any action can be clearly calculated.</p> Signup and view all the answers

<p>In Hobbes's contract theory, sovereignty is seen as ultimate and unrestricted power, necessary to maintain social order.</p> Signup and view all the answers

<p>Hobbes believes that laws derive their legitimacy from the authority of the sovereign rather than moral truths.</p> Signup and view all the answers

<p>Natural law emphasizes morality, whereas justice-tracking law prioritizes the content and merit of laws, focusing on justice.</p> Signup and view all the answers

<p>The sovereign cannot be tried or condemned for actions taken, reflecting their absolute authority.</p> Signup and view all the answers

<p>One assumption is that law is man-made, which emphasizes the human-created nature of legal systems.</p> Signup and view all the answers

<p>In Hobbes's state of nature, the absence of law leads to potential chaos and conflict among individuals.</p> Signup and view all the answers

<p>It means that rights to property are man-made rather than natural rights, deriving from legal frameworks.</p> Signup and view all the answers

<p>A fundamental law is essential to the stability of the commonwealth; if it is removed, the commonwealth is destroyed.</p> Signup and view all the answers

<p>Tacit consent refers to the acceptance of laws by silence or lack of objection, legitimizing norms in society.</p> Signup and view all the answers

<p>Austin's Command Theory posits that law is a command from a sovereign, enforceable through the threat of sanctions.</p> Signup and view all the answers

<p>Hart argues that habitual obedience does not apply to the transition of sovereignty, as there is no established habit of obeying a new monarch.</p> Signup and view all the answers

<p>Primary rules regulate individual behavior, while secondary rules govern the creation and enforcement of primary rules.</p> Signup and view all the answers

<p>Rules of Recognition determine what constitutes valid laws and establish the authority to recognize new rules.</p> Signup and view all the answers

<p>Locke believed a sovereign is needed to impartially protect individuals' natural rights, enhancing security over the state of nature.</p> Signup and view all the answers

<p>Locke argues that subjects can rightfully rebel against a sovereign who infringes upon their rights, unlike Hobbes, who maintains that law can only be broken from below.</p> Signup and view all the answers

<p>Locke contends that the validity of laws is judged by their alignment with natural law, and unjust laws compel subjects to rebel.</p> Signup and view all the answers

<p>International organizations act as third-party adjudicators to resolve conflicts between sovereign states, promoting accountability.</p> Signup and view all the answers

<p>Hart proposed that the existence of primary rules precedes sovereign authority, contrary to the notion that the sovereign is the sole source of law.</p> Signup and view all the answers

<p>Locke's treatise underscores the need for sovereigns to protect natural rights, and failure to do so legitimizes rebellion.</p> Signup and view all the answers

<p>Rules of adjudication establish the procedures for resolving disputes and ensure justice through impartiality.</p> Signup and view all the answers

<p>Dworkin argues that the validity of law is determined by its moral merit, emphasizing what law ought to say.</p> Signup and view all the answers

<p>It serves as a 'never again' constitution, acting as a bulwark against authoritarianism.</p> Signup and view all the answers

<p>He believes laws are valid when they represent the political will of the people, regardless of their moral implications.</p> Signup and view all the answers

<p>He argues that amendments effectively create a whole new constitution, reducing its stability.</p> Signup and view all the answers

<p>It is a hypothetical situation where rational agents design just principles without knowledge of their own characteristics.</p> Signup and view all the answers

<p>It frames society as a fair system of cooperation among free and equal citizens, prioritizing fairness over mere utility.</p> Signup and view all the answers

<p>Rules dictate a specific outcome without exceptions, while principles provide reasons that must be balanced against each other.</p> Signup and view all the answers

<p>The Equal Basic Rights and the Difference Principle, where inequalities are justified only if they benefit the least advantaged.</p> Signup and view all the answers

<p>Principles do not dictate a specific outcome but require balancing against other principles, allowing for nuanced decisions.</p> Signup and view all the answers

<p>It is a mental construct that removes personal knowledge about one's own status, ensuring unbiased decision-making.</p> Signup and view all the answers

<p>He insists that individual rights should not be sacrificed for the greater good.</p> Signup and view all the answers

<p>The Originalist view maintains that law is defined by the original intention of the lawmakers, focusing on the letter of the law.</p> Signup and view all the answers

<p>Dworkin argues that it is speculative and fails to account for varying intentions of multiple lawmakers or historical context.</p> Signup and view all the answers

<p>It serves as the starting point for selecting fair principles of justice applicable to all citizens.</p> Signup and view all the answers

<p>Public Law addresses the relationships between individuals and public institutions, including constitutional and criminal law.</p> Signup and view all the answers

<p>It encourages mutual agreement on justice principles that are acceptable to diverse members of society.</p> Signup and view all the answers

<p>They ensure that everyone has equal rights and liberties, like freedom of speech and the right to vote.</p> Signup and view all the answers

<p>Private Law pertains to horizontal relations between individuals, focusing on areas such as contract and family law.</p> Signup and view all the answers

<p>It states that social and economic inequalities are only justified if they benefit the least advantaged members of society.</p> Signup and view all the answers

<p>The Stufenbau theory outlines a hierarchy of norms, where lower norms derive their validity from higher norms.</p> Signup and view all the answers

<p>By requiring that principles of justice apply universally, thus preventing self-interest from skewing fairness.</p> Signup and view all the answers

<p>A society where all citizens accept and know that the principles of justice govern their basic structure.</p> Signup and view all the answers

<p>Interpretation is crucial, as it allows the law to evolve and align with what it ought to be, not just what was intended.</p> Signup and view all the answers

<p>Justice-tracking refers to the idea that correct legal interpretation maximizes the law's potential for justice and fairness.</p> Signup and view all the answers

<p>Popular sovereignty implies that the majority rule can override individual rights and due process.</p> Signup and view all the answers

<p>Historically, Public Law focused on the state’s interests, while Private Law pertained to individual interests, reflecting societal values.</p> Signup and view all the answers

<p>Kelsen believes the constituent power cannot validate the constitution as it lies outside the realm of pure law.</p> Signup and view all the answers

<p>Legal norms are valid based on their form rather than their content, making the structure of law crucial.</p> Signup and view all the answers

<p>The law defines the people and the state; it is not derived from them.</p> Signup and view all the answers

<p>Constituent power is the authority to create or change the legal order, and it exists outside of existing laws.</p> Signup and view all the answers

<p>In a successful revolution, a new legal order is validated; in a failed revolution, the attempt is deemed illegal.</p> Signup and view all the answers

<p>The unity of the people refers to the unity of the state's legal order, formed by individual legal acts.</p> Signup and view all the answers

<p>A statute is valid only if it conforms to the constitution and not in terms of its moral or ethical merit.</p> Signup and view all the answers

<p>Schmitt argues that constitutions are man-made and exist through the will of the sovereign.</p> Signup and view all the answers

<p>This means that the constitution is fundamental to the existence and identity of the state.</p> Signup and view all the answers

<p>An absolute constitution encompasses the entirety of the state's political and social unity beyond just legal norms.</p> Signup and view all the answers

<p>Schmitt critiques that Kelsen oversimplifies by treating all constitutional articles as having equal weight.</p> Signup and view all the answers

<p>The friend-enemy distinction defines political relationships and is crucial for establishing the state’s boundaries and identity.</p> Signup and view all the answers

<p>A sovereign dictator is an authority who establishes the constitution without challenge or dissent.</p> Signup and view all the answers

<p>Schmitt believes that the state is a reflection of the political, which is entrenched in the distinction between friends and enemies.</p> Signup and view all the answers

<p>A positive constitution arises from a political decision asserting what the law is and defining the state's structure.</p> Signup and view all the answers

<p>He argues that a global legal order dehumanizes opponents, treating them as criminals rather than political entities.</p> Signup and view all the answers

<p>Political power is considered legitimate when justified by reasons that all reasonable citizens can endorse.</p> Signup and view all the answers

<p>Public reason focuses on public issues like basic justice and constitutional essentials.</p> Signup and view all the answers

<p>Justifications for new laws should be framed using shared public values such as fairness and political equality.</p> Signup and view all the answers

<p>The duty of civility requires citizens to justify their political views with public reasons that others can reasonably accept.</p> Signup and view all the answers

<p>Public reason relies on shared political values, while nonpublic reason is based on specific doctrines or values unique to a group.</p> Signup and view all the answers

<p>Judges must use public reason to offer constitutional justifications, ensuring fairness and justice in their decisions.</p> Signup and view all the answers

<p>Constitutional essentials are the basic framework of the political system and fundamental rights vital for democracy.</p> Signup and view all the answers

<p>No, personal beliefs cannot be used; justifications must appeal to shared political values.</p> Signup and view all the answers

<p>The reasoning process in public reason must be open and transparent, relying on shared facts and public evidence.</p> Signup and view all the answers

<p>The Supreme Court exemplifies public reason by basing rulings on constitutional values and legal precedents, not personal beliefs.</p> Signup and view all the answers

<p>Shared political values guide discussions on basic justice, ensuring they appeal to concepts like fairness rather than individual ideologies.</p> Signup and view all the answers

<p>The ideal of democratic citizenship involves citizens acting as responsible political agents guided by public reason.</p> Signup and view all the answers

<p>Public reason applies to discussions around fundamental rights like voting and basic justice issues.</p> Signup and view all the answers

<p>It's important for citizens to use public reason when voting to ensure that their choices reflect common values rather than personal biases.</p> Signup and view all the answers

<p>Public reason requires citizens to provide freestanding reasons for their political positions that others can reasonably accept.</p> Signup and view all the answers

<p>Overlapping consensus is where citizens, despite differing reasons, support the same political principles, providing stability for a pluralistic society.</p> Signup and view all the answers

<p>The veil of ignorance ensures impartiality by placing rational agents in a position where they do not know their social status or personal preferences.</p> Signup and view all the answers

<p>Reflective Equilibrium is a method where individuals seek consistency between general principles of justice and specific judgments about justice.</p> Signup and view all the answers

<p>The Liberal Principle of Legitimacy states that political power is only legitimate if based on principles that all citizens can reasonably accept.</p> Signup and view all the answers

<p>The main challenge is achieving political stability while respecting the diverse comprehensive doctrines held by citizens.</p> Signup and view all the answers

<p>One feature of a well-ordered society is a shared conception of justice, where all citizens accept and comply with agreed principles.</p> Signup and view all the answers

<p>A society is not a community because it does not require a shared comprehensive doctrine, nor is it an association, as it lacks specific membership criteria and aims.</p> Signup and view all the answers

<p>A freestanding conception of justice allows for shared political rules that are not influenced by specific religious or philosophical doctrines.</p> Signup and view all the answers

<p>Rawls's first question concerns the appropriate conception of justice to establish fair social cooperation among free and equal citizens.</p> Signup and view all the answers

<p>An overlapping consensus is more stable because it is based on moral agreement rather than a temporary compromise or self-interest.</p> Signup and view all the answers

<p>Citizens evaluate justice by seeking consistency between their general justice principles and particular judgments, and revising them as necessary.</p> Signup and view all the answers

<p>The veil of ignorance implies that justice must be designed without bias, ensuring principles are fair to all members of society.</p> Signup and view all the answers

<p>Reasonable pluralism introduces diversity, requiring political structures that allow for coexistence of differing comprehensive doctrines while ensuring just governance.</p> Signup and view all the answers

<p>It seeks to achieve moral coherence by aligning general principles with particular judgments about justice.</p> Signup and view all the answers

<p>Narrow Reflective Equilibrium focuses on personal convictions, while Wide Reflective Equilibrium considers philosophical views and broader moral perspectives.</p> Signup and view all the answers

<p>The two main conditions are Objective Circumstances, where resources are moderately scarce, and Subjective Circumstances, where people have conflicting interests.</p> Signup and view all the answers

<p>Justice is necessary to manage the fair distribution of limited resources and to address competing interests.</p> Signup and view all the answers

<p>It signifies the inevitable diversity of worldviews, including religious, philosophical, and moral beliefs.</p> Signup and view all the answers

<p>Reasonable pluralism respects others' rights, while unreasonable pluralism demands conformity.</p> Signup and view all the answers

<p>It is a freestanding conception of justice that is not tied to any religious or philosophical doctrine.</p> Signup and view all the answers

<p>The Basic Structure encompasses the institutions that shape people's rights, duties, and opportunities, focusing on the application of justice principles.</p> Signup and view all the answers

<p>An overlapping consensus is stable due to moral reasons, while public reason requires laws to be justified by shared public values, not private beliefs.</p> Signup and view all the answers

<p>Comprehensive Doctrines are moral or philosophical frameworks that explain the world; they are significant because they illustrate the variety of worldviews in a pluralistic society.</p> Signup and view all the answers

<p>It represents the idea that society consists of smaller cooperative units, like families or associations, that work within the larger cooperative framework.</p> Signup and view all the answers

<p>Public reason is a mode of reasoning used in public debates about justice, requiring justifications based on freestanding public values like fairness and equality.</p> Signup and view all the answers

<p>An overlapping consensus refers to a situation where citizens with diverse moral and religious beliefs agree on principles of justice that transcend their individual doctrines, such as 'justice as fairness'.</p> Signup and view all the answers

<p>Constituent power refers to the authority of the people to create or revise a constitution, often exercised during founding moments or revolutions.</p> Signup and view all the answers

<p>Conflicts can arise when one must revise either a general principle or a particular judgment regarding justice to achieve balance.</p> Signup and view all the answers

<p>Public reason is the rationale by which citizens justify political decisions using shared values like liberty and equality rather than personal beliefs.</p> Signup and view all the answers

<p>Rawls offers a neutral conception of the person, highlighting the moral power and autonomy of individuals, unlike Rousseau's inclination for association or Hobbes' view that individuals lack social propensity.</p> Signup and view all the answers

<p>Justice as fairness not only covers legal rights but also emphasizes socio-economic conditions necessary for full participation in society, such as access to education.</p> Signup and view all the answers

<p>Reasonable Pluralism legitimizes public reason by allowing coexistence of different worldviews that agree on shared values.</p> Signup and view all the answers

<p>The two moral powers are the sense of justice and the conception of the good.</p> Signup and view all the answers

<p>The purpose of justice, according to Rawls, is to create a stable foundation for shared moral reasoning in society.</p> Signup and view all the answers

<p>Just institutions cultivate citizens' moral virtues such as fairness, reciprocity, and reasonableness, thereby influencing their character.</p> Signup and view all the answers

<p>Political liberalism insists that a legitimate state must commit to public reason, engaging in debates based only on shared public values.</p> Signup and view all the answers

<p>It requires citizens to support principles of justice for moral reasons rather than merely for strategic or self-interested reasons.</p> Signup and view all the answers

<p>The conditions are regulation by a political conception of justice, an overlapping consensus among reasonable conceptions, and public reasoning based on common ground.</p> Signup and view all the answers

<p>A well-ordered society involves citizens sharing the same conception of justice and having just institutions that comply with those principles.</p> Signup and view all the answers

<p>Justice may collapse in extreme circumstances, like famine, when survival instincts override cooperation for fairness.</p> Signup and view all the answers

<p>Public reason requires that political justification is framed in terms that can be understood and accepted by all citizens, preventing any one group's beliefs from dominating.</p> Signup and view all the answers

<p>Political doctrines focus on a shared moral framework relevant to society's basic structure, while comprehensive doctrines encompass broader religious or moral worldviews not universally accepted.</p> Signup and view all the answers

<p>Rational agents pursue personal goals without compromises, while reasonable agents seek fair cooperation even at personal cost.</p> Signup and view all the answers

<p>Sources include conflicting evidence, the weight of moral considerations, the complexity of situations, and different life experiences.</p> Signup and view all the answers

<p>Depth means that the consensus on principles like equality and cooperation is meaningful and fundamental to citizens' diverse beliefs.</p> Signup and view all the answers

<p>The three elements are being guided by publicly recognized rules, establishing fair terms of cooperation, and considering each participant's rational advantages.</p> Signup and view all the answers

<p>The transition occurs when citizens move from agreeing on constitutional procedures based on self-interest to viewing principles of justice as morally binding.</p> Signup and view all the answers

<p>Political power is legitimate only if it can be reasonably accepted by all citizens and justified through public reason.</p> Signup and view all the answers

<p>The two moral powers are a sense of justice, which is the ability to understand principles of justice, and a conception of the good, which allows the formation and pursuit of personal life plans.</p> Signup and view all the answers

<p>Overlapping consensus is a stable agreement on political principles by citizens with different moral doctrines, promoting stability.</p> Signup and view all the answers

<p>Public reason ensures that laws are justified using common political values, making them acceptable to all citizens, thus enhancing their legitimacy.</p> Signup and view all the answers

<p>Rawls's conception of the person supports justice as fairness by affirming that citizens are free and equal, enabling full participation in cooperation based on shared justice principles.</p> Signup and view all the answers

<p>Specificity ensures that the consensus addresses practical issues relevant to citizens' lives, while still allowing for diverse interpretations.</p> Signup and view all the answers

<p>Constitutional consensus focuses on agreement on rules and procedures, while overlapping consensus involves shared political principles based on moral reasons.</p> Signup and view all the answers

<p>Public reasoning is essential as it ensures laws are justified based on common values, preventing any single ideology from dominating political discussions.</p> Signup and view all the answers

<p>Rawls's view is political and does not rely on metaphysical assumptions, emphasizing rights and responsibilities independent of specific conceptions of the good.</p> Signup and view all the answers

<p>Moral conviction is crucial as it drives citizens to uphold liberal principles out of genuine belief rather than mere self-interest or convenience.</p> Signup and view all the answers

<p>A modus vivendi is a temporary peace agreement based on strategic compromise, lacking shared moral values.</p> Signup and view all the answers

<p>Rawls argues that while overlapping consensus recognizes diverse beliefs, it doesn't claim truth for all; it focuses on shared political grounds for justice.</p> Signup and view all the answers

<p>It embodies how social cooperation operates under fair rules accepted by all participants.</p> Signup and view all the answers

<p>Fairness serves as a benchmark for justice, ensuring that the terms of cooperation are acceptable to all reasonable individuals.</p> Signup and view all the answers

<p>Rawls's view supports the idea that all citizens, as moral agents with rights and responsibilities, deserve equal treatment.</p> Signup and view all the answers

<p>Breadth ensures that the consensus covers a wide range of essential constitutional principles, promoting essential rights alongside procedural rules.</p> Signup and view all the answers

<p>An overlapping consensus is crucial because it allows diverse reasonable conceptions of justice to coexist and be accepted, promoting social stability.</p> Signup and view all the answers

<p>Trust allows citizens to follow the rules consistently, reinforcing the principles of justice and cooperation.</p> Signup and view all the answers

<p>Comprehensive doctrines such as Kantianism and religious beliefs can align with liberal values, enriching the moral foundation of a society without requiring compromise.</p> Signup and view all the answers

<p>Burdens of judgment refer to the challenges that lead reasonable individuals to disagree on moral and political issues.</p> Signup and view all the answers

<p>It promotes justified coercion by requiring that laws be based on shared principles, allowing even those who disagree to accept legal outcomes.</p> Signup and view all the answers

<p>Reasonable pluralism allows diverse individuals to engage cooperatively despite differences, leading to a stable society.</p> Signup and view all the answers

<p>Overcoming reasonable disagreements fosters collaboration and trust toward achieving shared goals in society.</p> Signup and view all the answers

<p>Reasonable agents are willing to accept fair terms of cooperation, while rational agents pursue their self-interest. Rawls argues that both types are necessary for genuine cooperation.</p> Signup and view all the answers

<p>The burdens of judgment refer to the complexities and subjective factors that lead to disagreements on political and moral issues, such as conflicting evidence and divergent life experiences. They highlight the inevitability of reasonable pluralism in society.</p> Signup and view all the answers

<p>Overlapping consensus refers to a moral agreement among citizens from diverse doctrines supporting the same political principles for their own reasons. In contrast, modus vivendi is a temporary self-interested compromise that may collapse with a shift in power.</p> Signup and view all the answers

<p>Rawls argues that reasonable pluralism is inevitable due to the burdens of judgment, which cause individuals to hold diverse understandings and values. This leads to a society where multiple reasonable doctrines coexist.</p> Signup and view all the answers

<p>Moral stability occurs when citizens follow rules out of genuine moral conviction, rather than merely out of self-interest or fear of punishment. It relies on a shared sense of justice.</p> Signup and view all the answers

<p>Reasonable comprehensive doctrines develop gradually as they are shaped by ongoing moral reasoning and societal changes. They are coherent and consistent in organizing values.</p> Signup and view all the answers

<p>Shared values such as equality, liberty, and reciprocity serve as the foundation for a freestanding political conception of justice, allowing diverse citizens to endorse political principles without relying on specific comprehensive doctrines.</p> Signup and view all the answers

<p>One cause is the weight of considerations, where individuals prioritize different pieces of evidence or values when making decisions. This disparity in prioritization leads to varied interpretations and conclusions.</p> Signup and view all the answers

<p>Reasonable people may disagree due to the burdens of judgment, such as conflicting evidence and varying life experiences that shape their moral perspectives. These differing interpretations can lead to diverse conclusions even among those committed to fairness.</p> Signup and view all the answers

<p>Reciprocity is significant as it entails that individuals expect mutual adherence to fair terms of cooperation. This mutual expectation helps maintain trust and stability in a cooperative society.</p> Signup and view all the answers

<p>Political legitimacy can be established through public reason, where coercive political power is justified only by principles that all reasonable citizens could accept, regardless of their comprehensive doctrines.</p> Signup and view all the answers

<p>The original position functions as a hypothetical scenario where individuals choose principles of justice without personal bias, ensuring that the terms established are fair and considerate of all parties involved.</p> Signup and view all the answers

<p>Competing values complicate societal decisions because individuals may struggle to balance different priorities, leading to potential conflicts and disagreements. This can create a limited 'social space' where not all values can be adequately represented.</p> Signup and view all the answers

<p>Adopting a moral approach ensures that citizens are motivated by a commitment to justice and fairness rather than merely self-interest. This fosters trust and stability within the social contract.</p> Signup and view all the answers