Legal Concepts and Imperative Law Theory by Hart

Play an AI-generated podcast conversation about this lesson

According to Socrates, what is the relationship between a good life and a just life?

They are unrelated concepts

They are equivalent (correct)

A good life is superior to a just life

A just life is more important than a good life

Why did Socrates advocate for obeying the laws of Athens, even if it could lead to his death?

Because he wanted to demonstrate his power over the law

Because he wanted to challenge the legal system

Because he thought it was an easy way to acquire executive clemency

Because he believed in the perfection of virtue through law obedience (correct)

In the context of human law, how does one acquire the perfection of virtue according to Socrates?

By following the laws of nature

Through parental guidance alone

Through some form of training (correct)

By disobeying unjust laws

What is the view of Natural Law when it comes to determining practical reasonableness?

It aims to determine what the requirements of practical reasonableness are Signup and view all the answers

According to Socrates, when can unjust laws be considered 'law'?

When they serve the common good Signup and view all the answers

What is the essence of law?

An ordinance of reason, for the common good, made known to the public Signup and view all the answers

In the context of natural law, what is the first precept of the law?

Good is to be done and pursued, and evil is to be avoided Signup and view all the answers

What does practical reason in natural law theory refer to?

Reason directed towards action Signup and view all the answers

According to New-Classical Natural Law Theory (Finnis), what is necessary for the satisfaction of rules of practical reasonableness?

Communities with a respected authority Signup and view all the answers

What distinguishes Divine Law from Human Law according to the text?

Divine Law is operative forever while Human Law is operative now Signup and view all the answers

What distinguishes legal principles from legal rules?

Principles are binding on their own or can be extrapolated from present laws. Signup and view all the answers

According to Dworkin, what is the ultimate grounding of law?

In consideration of political morality and institutional legitimacy Signup and view all the answers

From an external point of view, which term describes an observer who doesn't accept the law?

Obliged Signup and view all the answers

What role does the Rule of Recognition play in the legal system?

Establishing the validity of the whole legal system Signup and view all the answers

How do legal principles and legal rules differ in their application?

Rules incline towards a particular decision, while principles are all-or-nothing. Signup and view all the answers

What is the primary difference between legal principles and legal rules?

Legal principles are derived from morals, while legal rules are not. Signup and view all the answers

In the context of law and morality, why might Hart believe that law should not be based on what it 'ought to be'?

To ensure that law maintains its authority and doesn't dissolve into personal preferences. Signup and view all the answers

How does the text describe the role of judges in relation to law?

Judges interpret existing laws rather than create new ones. Signup and view all the answers

Based on the text, why is it stated that an unjust law is still considered a law?

Because laws and morals are fundamentally different entities. Signup and view all the answers

What does the text suggest about the relationship between law and morality in extreme cases?

Moral values should override obedience to the law in extreme cases. Signup and view all the answers