Legal Positivism Quiz

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What is the basis of legal positivism?

The sovereign's will. (correct)

The fundamental ethical principles.

The subjective interpretation of morality.

The inherent rights of individuals.

Which of the following is an assumption made by legal positivism?

The source of law is essential. (correct)

Law must reflect moral values.

Rights are limiting to freedom.

Natural law is superior to statutory law.

How does natural law differ from legal positivism regarding moral judgment?

Natural law does not require justice in its content.

Legal judgments can establish rules of law. (correct)

Natural law operates within a closed logical system.

Moral judgments can establish rules of law.

What characterizes law in a descriptive sense?

Law fails to grasp facts and may be incorrect. Signup and view all the answers

What concept is Kelsen known for in relation to legal systems?

Grundnorm. Signup and view all the answers

According to Kelsen's theory, what defines defective law?

Law that does not effectively regulate political and social life. Signup and view all the answers

What is suggested about the relationship between law and morality?

They are distinct from one another. Signup and view all the answers

What is the primary consideration in political politics according to Karl Schmitt?

The prioritization of community choices. Signup and view all the answers

How do regulative rules function in relation to actions?

They regulate actions that already exist. Signup and view all the answers

What is the relationship between constitutive rules and behaviors?

Constitutive rules are necessary for the existence of certain behaviors. Signup and view all the answers

What is Hobbes' view on life in a state of nature?

It leads to chaos and requires a sovereign. Signup and view all the answers

What does sovereignty imply according to the content provided?

It holds ultimate power and is unrestricted. Signup and view all the answers

What does tacit consent imply about laws and their acceptance?

If no one objects to a law, it signifies universal acceptance. Signup and view all the answers

What is H.L.A. Hart's main criticism of Austin’s theory?

It ignores the importance of social norms and legitimacy. Signup and view all the answers

According to Hobbes, what are justice and injustice derived from?

Law, which is seen as a command with sanctions. Signup and view all the answers

What is the primary function of the Rules of Change in a legal system?

To allow changes in status such as contracts and marriages Signup and view all the answers

What does the Rule of Recognition determine in a legal system?

What constitutes a legally binding norm Signup and view all the answers

According to contemporary natural law, what does the validity of a law depend on?

Moral principles and values Signup and view all the answers

What key aspect of law does the author emphasize when discussing changes in the law?

The relationship between laws and political changes Signup and view all the answers

What is a major critique of sovereignty in Locke's natural law paradigm?

It places too much power in a centralized authority Signup and view all the answers

Which principle states that inequalities are acceptable only if they benefit the least advantaged?

The difference principle Signup and view all the answers

How does Schmitt define an Absolute Constitution?

A form of forms transcending legal norms Signup and view all the answers

What concept identifies the constitution as merely a collection of provisions and articles?

Relative Constitution Signup and view all the answers

What does Dworkin's 'living constitutionalist' approach emphasize?

The distinction between principles and rules in law Signup and view all the answers

What is the essence of the Ideal Constitution according to Schmitt?

A militant constitution that opposes historical regimes Signup and view all the answers

Which of the following best describes Rawls' view on equal basic rights and liberties?

They serve as the foundation for a just society. Signup and view all the answers

How does Fuller's approach differ from Dworkin's?

It seeks to separate law from religious and divine beliefs Signup and view all the answers

What aspect characterizes Hart's soft positivism?

Incorporating extra-legal norms into legal positivism Signup and view all the answers

Which statement is true regarding hard positivism?

It solely assesses law based on its content without external factors Signup and view all the answers

Which of the following is a key feature of Dworkin's legal theory?

Moral principles are integral to understanding law Signup and view all the answers

What is the principle behind the concept of 'Original Position' in Rawls's theory?

A state where decisions are made without knowledge of personal characteristics. Signup and view all the answers

Which term describes the ideal where everyone has equal rights and opportunities according to Rawls?

Justice as Fairness Signup and view all the answers

What does the 'Veil of Ignorance' aim to achieve in decision-making?

Ignoring personal characteristics to ensure fairness. Signup and view all the answers

What is the focus of Reflective Equilibrium in Rawls's theory?

Balancing personal preferences with moral principles. Signup and view all the answers

Which scenario best illustrates the 'Circumstances of Justice' as defined by Rawls?

A setting with limited resources and differing interests. Signup and view all the answers

What distinguishes a reasonable person from a rational person?

Rational people pursue their own good, while reasonable people recognize others' claims to justice. Signup and view all the answers

What is the main goal of a well-ordered society?

For everyone to accept the same principles of justice as institutions. Signup and view all the answers

What does the concept of 'overlapping consensus' refer to?

Different beliefs agreeing on basic political principles for stability. Signup and view all the answers

What is the liberal principle of legitimacy concerned with?

The acceptability of political power to all reasonable people. Signup and view all the answers

What describes a 'modus vivendi'?

A practical agreement to maintain peace despite differing principles. Signup and view all the answers

What is the primary function of a constitution according to Rawls' principles?

To serve as the framework for creating laws reflecting equality. Signup and view all the answers

What distinguishes constituent power from ordinary power in Rawls' framework?

Constituent power is the expression of the people's will after a regime is resolved. Signup and view all the answers

Which of the following statements best describes a democratic constitution?

A constitution that reflects the self-governance of the people. Signup and view all the answers

In Rawls' model, how is constitutional power distributed?

It is divided among various branches, ensuring no single branch has ultimate power. Signup and view all the answers

What is required for a constitutional democracy to be considered just according to Rawls?

It must be characterized by a stable and fair governance system. Signup and view all the answers

What is the main objective of the political concept of justice?

To ensure a fair society with equitable institutions Signup and view all the answers

What is required for a constitution to be considered legitimate according to Rawl?

Its core principles must reflect fairness and justice Signup and view all the answers

Which aspect is NOT part of the theory of justice discussed in the document?

The historical context of existing laws Signup and view all the answers

What does Rawl suggest is crucial for sustaining a fair legal framework?

Solid philosophical reasoning Signup and view all the answers

How should a society perceive its laws according to the political concept of justice?

As a system reflecting diverse opinions within a fair structure Signup and view all the answers