20 Questions
According to Socrates, what is the relationship between a good life and a just life?
They are equivalent
Why did Socrates advocate for obeying the laws of Athens, even if it could lead to his death?
Because he believed in the perfection of virtue through law obedience
In the context of human law, how does one acquire the perfection of virtue according to Socrates?
Through some form of training
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
According to Socrates, when can unjust laws be considered 'law'?
When they serve the common good
What is the essence of law?
An ordinance of reason, for the common good, made known to the public
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
What does practical reason in natural law theory refer to?
Reason directed towards action
According to New-Classical Natural Law Theory (Finnis), what is necessary for the satisfaction of rules of practical reasonableness?
Communities with a respected authority
What distinguishes Divine Law from Human Law according to the text?
Divine Law is operative forever while Human Law is operative now
What distinguishes legal principles from legal rules?
Principles are binding on their own or can be extrapolated from present laws.
According to Dworkin, what is the ultimate grounding of law?
In consideration of political morality and institutional legitimacy
From an external point of view, which term describes an observer who doesn't accept the law?
Obliged
What role does the Rule of Recognition play in the legal system?
Establishing the validity of the whole legal system
How do legal principles and legal rules differ in their application?
Rules incline towards a particular decision, while principles are all-or-nothing.
What is the primary difference between legal principles and legal rules?
Legal principles are derived from morals, while legal rules are not.
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.
How does the text describe the role of judges in relation to law?
Judges interpret existing laws rather than create new ones.
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.
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.
Explore the basic principles and ideas put forth by Hart, focusing on the complete separation of law and morals, the analytical study of legal concepts, the imperative law theory, and the dangers that Hart identified in his work. Dive into how law is viewed as 'law is as it is' rather than 'law as it ought to be'.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
