Legal Philosophy Concepts Quiz
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Questions and Answers

A law that applies to one person can still be considered a proper law.

True (A)

Superiority in law is defined as the ability to inflict joy on others.

False (B)

A sovereign commands general obedience across society.

True (A)

Sovereignty is a less specific notion than general superiority.

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

A servant is considered superior to a king.

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

The sovereign does not habitually obey anyone else in turn.

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

Generality connected to law refers only to acts, not to classes of people.

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

The definition of law involves commands that obligate persons generally to specific acts or behaviors.

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

The sanction is imposed by the sovereign to compel obedience from the subject.

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

Austin's command theory can fully explain power conferring laws.

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

Legal effect arises only when power is exercised correctly.

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

The intent of the lawmaker is always to use validity to compel obedience.

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

Leo's methodology in legal philosophy is considered mature and insightful.

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

There is a distinction between duty imposing rules and power conferring laws.

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

Collapsing power conferring laws into commands backed by sanctions is deemed helpful.

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

Hart argues against interpreting novelties as a sanction in the same way as Austin.

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

Law is defined as a set of commands issued by the highest authority in a political community.

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

Universities in South Africa can ignore the laws of the country when creating their own rules.

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

Austin's theory of law only deals with laws from specific times and places.

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

Austin's definition of law can be simplified into a single proposition.

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

The duty not to murder is an example of a law that fits well with Austin's theory.

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

All laws, according to Austin's theory, are specific to individual cases without a general command.

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

Austin's theory of law is considered complicated and hard to understand.

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

Austin’s theory of law works particularly well with criminal law.

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

It is strictly logically impossible to think of power conferring laws as nullities.

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

Hans Kelsen is associated with 20th century German legal philosophy.

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

A valid contract requires only the consent of one party.

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

Contract law confers powers to change legal rights and duties.

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

According to Kelsen, power conferring laws are the last link in the legal chain.

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

Once a contract is agreed upon, it requires certain actions from each party.

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

Austin provides the most sophisticated response to the problem of power conferring laws.

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

The general rule for a valid contract is that it must be agreed upon in writing.

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

People are more likely to form a habit of obedience to a ruler if they regard that person as entitled to their position.

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

A coup is always regarded as an appropriate way to take power.

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

Habits have normative force, meaning they dictate what individuals believe they should do.

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

Hart emphasizes the importance of understanding the reasons behind the formation of habits of obedience.

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

The distinction between habits and social rules includes the concept of an 'internal aspect'.

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

Tying one's left shoelace before the right is considered a habit without normative implications.

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

If a person occasionally ties their right shoelace before their left, they can be criticized for breaking a norm.

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

People's views on authority do not influence their willingness to follow social rules.

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

Traffic lights only dictate the physical actions of drivers without any internal considerations.

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

According to H, social rules are habits accompanied by an internal state of mind.

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

H believes that understanding law requires focusing only on external perspectives.

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

The behavior of drivers in relation to traffic lights can be understood solely by observing their actions.

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

H's analysis of traffic lights reflects his perspective on the nature of law.

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

Rex 1 and Rex 2 are used to illustrate the different perspectives in understanding rules.

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

H suggests that traffic light rules are merely coincidental occurrences.

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

Austin views habits of obedience as a key part of analyzing law.

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

Flashcards

Sovereign

The highest authority in a political community, who has no one above them, and whose commands are the source of law.

Law (according to Austin)

A set of general commands issued by the sovereign, backed up by sanctions for disobedience.

Austin's Theory of Law

The idea that the commands of the sovereign are the ultimate source of all law.

General Command

A general command that applies to everyone and sets out a specific action or behavior.

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Sanction

A consequence for breaking a law, intended to discourage disobedience.

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Lower Level Authority Rules

Rules made by a lower authority, like a university, that must not contradict the law.

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Austin's Account of Law

Austin's attempt to explain what law is by focusing on its source and structure.

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Unified Account

The idea that Austin's theory attempts to provide a simple and unified understanding of a complex concept like law.

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Generality of Laws

Laws that apply to all members of a society, regardless of individual characteristics, ensuring fairness and consistency.

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Superiority

The power to command and enforce obedience from others, often through the threat of punishment or sanctions.

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Law

A general rule or command that obligates individuals or groups to perform or refrain from certain actions.

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Generality of People

Laws that are applied to everyone within a specific group, based on their shared characteristics.

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Effective Sanction

The ability of the sovereign to enforce their laws through sanctions, such as punishment or fines.

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Sovereign Power

A specific kind of authority that allows the sovereign to command and enforce obedience throughout the society.

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Habitual Obedience

The habit of obedience towards the sovereign by the majority of society and the sovereign's lack of habitual obedience to any other authority.

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Power Conferring Laws

A type of law that empowers individuals or entities to act, rather than obligating them to behave in a certain way.

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Austin's Command Theory

A theory of law that suggests all laws are essentially commands issued by a sovereign backed by the threat of punishment.

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Power and its Exercise

A concept of power that suggests that simply having the authority to do something doesn't automatically guarantee its effectiveness.

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Good Legal Philosophy

The idea that the primary goal of legal philosophy is to advance our understanding of law, not just defend a particular theory at all costs.

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Legal Analysis

The process of analyzing legal concepts to identify their core elements and potential conflicts with existing theories.

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Theory Breakdown

A situation where a theory fails to accurately explain a phenomenon.

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Theory Revision

The process of revising or adapting a theory in light of new information or insights.

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Recognizing Theory Limits

The ability to recognize the limits of a particular theory and when it might not be applicable.

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Power-Conferring Rules

Rules that grant individuals the power to change their legal position, such as the ability to enter into contracts.

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H.L.A. Hart

A legal philosopher who challenged Austin's view that all laws are duty-imposing.

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Hans Kelsen

A legal philosopher who argued that power-conferring rules are the first link in a chain leading to duty-imposing rules.

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Power-Conferring

The idea that laws can empower individuals by granting them rights or abilities to change their legal position.

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Duty-Imposing Rule

A rule that dictates an action or behavior that must be followed.

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Chain of Legal Rules

The idea that legal rules exist in a connected system, where power-conferring rules can lead to duties.

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Contracts

Agreements between two or more individuals that create legally binding obligations.

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Consent

The act of expressing agreement or consent to something.

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Mere Habit

A widespread behavior that is not backed by any sense of obligation or rightness, resulting in no criticism for noncompliance. Examples include going to the cinema every Saturday or tying one's left shoelace before the right.

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Social rule

A pattern of behavior that includes an internal aspect, where individuals believe they should follow the pattern, and others are judged for not doing so. This sense of obligation and expectation makes it distinct from mere habit.

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Hart's Analysis of Legal Obligation

The perspective that focuses on the reasons behind the development of a habit, instead of directly analyzing the habit itself.

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Legitimacy of Power

The belief that a particular person is the rightful successor to a position of power, such as a king or president.

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Prescribed Manner of Succession

The manner in which a person gains power that is considered legitimate, unlike methods like coups which are considered inappropriate.

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Entitlement to Rule

The internal belief that a particular person deserves their position of power.

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Habit of Obedience and Legitimacy

The concept that the existence of a habit of obedience is directly linked to the community's perception of the ruler's legitimacy.

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Internal Aspect of Social Rules

The internal aspect of a social rule that involves a sense of obligation to follow the rule and to criticize those who do not.

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Internal Perspective of Rules

The understanding of rules that focuses on the internal state of mind of the person following the rule, including their beliefs and reasons for acting.

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External Perspective of Rules

The understanding of rules that focuses on observable behavior and the patterns of actions without considering the internal state of mind of the person following the rule.

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Rules as Normative

The idea that rules are not just habits or patterns of behavior, but involve beliefs and reasons for acting in a certain way, making them obligations and standards.

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Traffic Light as Normative

The belief that the red light signals the driver to stop, and it's their obligation to do so, rather than just a coincidence that the car stops when the light is red.

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Austin's Theory and Normative Rules

Austin's focus on habits of obedience as the basis of law neglects the importance of people treating law as a system of norms, with internal beliefs and reasons for following rules.

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Importance of Internal Perspective for Law

Understanding the internal perspective of rules allows for a better understanding of law. It's crucial to consider both the external behavior and the internal state of mind of those following the law.

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Hermeneutic Perspective of Law

The way people perceive and interact with law, including their beliefs, reasons, and understanding of their obligations.

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Behaviourist Perspective of Law

The way people interact with law solely based on observable behavior, without considering their internal state of mind or understanding of the rules.

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Study Notes

Jurisprudence Study Notes

  • Positivism is a 19th-century legal theory, opposing natural law theory. It's often associated with analytical jurisprudence.
  • Key figures in positivism include John Austin, H.L.A. Hart, and Joseph Raz.
  • Positivism views law as separate from morality, focusing on the law's structure and source, rather than its inherent morality.
  • It's important to be cautious when categorizing legal schools, as there's significant diversity within each tradition.
  • The concept of law, in its 19th-century form, is now more complex than it once was.
  • It is useful to consider competing legal traditions in contrast but remain critical of broad categories as they can obscure diversity and subtle differences of opinion.
  • Legal positivism's image is often oversimplified: positivists don't say judges shouldn't use moral reasoning.
  • Austin's command theory of law is based on the sovereign issuing commands, backed by threats of sanctions.
  • Essential elements include command, sanction, and sovereign.
  • This model has been criticized for its limitations in accounting for various types of law, such as customary law, constitutional law, and legal obligations arising from non-sovereign sources.
  • Disagreements exist on whether judges should adhere to existing laws or consider moral principles in legal decision-making.
  • Some positivistic views recognize the influence of moral considerations in law (the "inclusive" or "soft" variant).
  • Hart's theory argues against Austin's perspective by incorporating the idea of secondary rules (rules about rules):
    • Primary rules dictate conduct.
    • Secondary rules govern the creation, amendment, and interpretation of primary rules.
    • The recognition rule is crucial for identifying 'law'—it establishes criteria for determining valid legal rules.
    • Positivism is about the rules followed (the social practice) and the decision-making process for applying the rules, not necessarily moral judgments about the rules or the outcome.
  • Hart distinguishes between the 'core' and 'penumbra' of rules.
  • Judges face a variety of problems in applying laws, particularly in cases involving novel or ambiguous applications of rules.
  • Hart acknowledges that judges must sometimes engage in moral reasoning to fill in gaps or resolve conflicts in the law.
  • Hart's theory is often praised for its consideration of legal systems' complexities, while admitting it's limitations in some cases.
  • The connection between law and morality is often debated in positivist thought, with some accepting that law and morality can overlap.
  • Raz examines the role of principles and policies in judicial decision-making, questioning the notion of law as solely composed of rules.
  • Positing—the deliberate establishment of rules—distinguished from the general acceptance, or habit, creates a legal system.
  • Hart distinguishes between regulated and unregulated cases.
  • While there's overlap, legal systems and normative systems aren't the same—legal systems are backed by social practices and norms that give them a unique character.

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Test your understanding of key concepts in legal philosophy, including Austin's command theory and the distinction between duty imposing and power conferring laws. This quiz will explore the nuanced definitions and applications of law and sovereignty. Perfect for students of law or philosophy looking to deepen their knowledge.

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