LEGAL THEORY EXAM ULTIMATE
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Questions and Answers

What principle does Kantian ethics emphasize regarding human lives?

  • Human lives must be considered as ends in themselves. (correct)
  • People must be treated as means to an end.
  • Human lives can be counted equally.
  • The morality of acts depends solely on outcomes.

According to Hume, what are the two essential characteristics of a proper system of law?

  • Subjectivity and Flexibility.
  • Fairness and Retribution.
  • Justice and Equality.
  • Convenience and Generality. (correct)

What is the term used for laws that impose duties upon individuals?

  • Civil Laws.
  • Imperative Commands. (correct)
  • Permissive Laws.
  • Discretionary Laws.

What did Jeremy Bentham criticize about Common Law?

<p>It is too rigid and arbitrary. (B)</p> Signup and view all the answers

What does codification of laws ensure, according to Bentham?

<p>The elimination of judicial discretion. (A)</p> Signup and view all the answers

How does Kantian ethics view the act of pulling a lever to save five lives at the expense of one?

<p>As unethical, treating the one as a means. (B)</p> Signup and view all the answers

What does 'positivizing' the law refer to in Jeremy Bentham's philosophy?

<p>Focusing on fixed, clear legislative processes. (D)</p> Signup and view all the answers

What is the primary goal of conventionalism as outlined by Hume?

<p>To establish laws based on social agreements and goals. (D)</p> Signup and view all the answers

Which characteristics define Kantianism according to the discussions?

<p>Focus on the intention behind actions (D)</p> Signup and view all the answers

What is one key aspect of legal positivism?

<p>Laws need to be applied as they are written (D)</p> Signup and view all the answers

What distinguishes natural law from legal positivism?

<p>Natural law permits judges to creatively interpret laws (B)</p> Signup and view all the answers

Utilitarianism primarily evaluates actions based on which criterion?

<p>The overall utility and happiness produced (C)</p> Signup and view all the answers

Which statement about formalist normativism is accurate?

<p>It emphasizes the necessity of universalizable principles (C)</p> Signup and view all the answers

What critique is often directed towards legal positivism concerning its connection to ideology?

<p>It has been used to support radical ideologies historically (D)</p> Signup and view all the answers

In the context of moral philosophy, what is a core element of decisionist realism?

<p>It emphasizes the subjective nature of legal outcomes (D)</p> Signup and view all the answers

What challenge does the relationship between law and morality present for legal positivism?

<p>It raises questions about the neutrality of law's validity (D)</p> Signup and view all the answers

Which of the following is one of Kantianism's requirements for achieving perpetual peace?

<p>No nation can have a standing army. (B)</p> Signup and view all the answers

What does Kant's Categorical Imperative emphasize as a moral principle?

<p>Treat others as ends in themselves, not means. (C)</p> Signup and view all the answers

Which of the following best describes Realism's view regarding state leadership according to Carl Schmitt?

<p>Strong leadership is essential during states of emergency. (D)</p> Signup and view all the answers

What is a significant element of Positivism?

<p>Focus on scientific rigor and factual observation. (D)</p> Signup and view all the answers

Which principle is not part of Kant's ideas for achieving a lasting peace?

<p>A world state should govern all nations. (B)</p> Signup and view all the answers

According to the Consensus Theory of Truth, what is necessary to support a claim?

<p>Support from multiple academic sources. (D)</p> Signup and view all the answers

Which of the following statements is true regarding Academic Speech?

<p>Claims made must follow the scientific method. (A)</p> Signup and view all the answers

In Realism, what does Carl Schmitt suggest about a country's internal unity?

<p>Homogeneity is crucial for proper functioning. (A)</p> Signup and view all the answers

Which of the following elements is included in the elements of a truth claim?

<p>Cited sources that provide context and validation. (D)</p> Signup and view all the answers

Which principle asserts that peace and order always remain precarious at the international level?

<p>Internal homogeneous nations guarantee peace. (B)</p> Signup and view all the answers

Flashcards

Natural Law

A set of universal moral principles that are believed to be inherent in nature and discoverable through reason. This law dictates how things ought to be, not just how they are.

Legal Positivism

A philosophy that believes the law is whatever is written down by a recognized authority. It focuses on the is, not the ought to be.

Kantianism

A moral philosophy that emphasizes the importance of duty and intentionality. Actions are judged based on their compliance with ethical laws.

Utilitarianism

A moral philosophy that prioritizes maximizing happiness for the greatest number of people. Actions are judged by their consequences.

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Categorical Imperative

A key concept in Kantianism, it's a universal moral law stating that you should act only according to a principle that you would want to be a universal law.

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Consequentialism

The core idea of utilitarianism, where the morality of an action is determined by its consequences.

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Value-Free Law

A central idea in legal positivism, suggesting that law can be separated from morality and personal values.

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Discretionary Authority

The power of judges to interpret and apply the law in specific situations.

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Kantian Deontology

Ethical theory emphasizing moral duty and treating humans as ends in themselves, not mere means to an end. Actions are judged based on their adherence to universal principles, regardless of consequences.

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Kantian View on Utilitarianism (Pulling the Lever)

Kant would argue against sacrificing one person to save five, as it treats the individual as a means to an end. The act violates the principle of treating all people with inherent dignity and respect.

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Contractarianism

A theory that asserts that laws derive from an agreement among people about how to behave. This agreement establishes the foundation for a just and orderly society.

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Hume's Conventionalism

Hume proposes that law is a product of social agreement, focusing on the common good and establishing general principles that apply to everyone.

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Hume's View on Ideal Law

Hume argues for a system of law based on two essential characteristics: convenience and generality. Law should serve for the common good while being general in its application.

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Jeremy Bentham's Utilitarianism

Bentham advocates for a system of law based on maximizing utility or happiness for the greatest number of people. This includes clear, codified laws to promote justice and social well-being.

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Bentham's Critique of Common Law

Bentham critiques common law for its subjectivity, lack of clarity, and potential for arbitrariness. He argues for a system of codified laws that are determined and less open to interpretation.

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Bentham's Science of Legislation

Bentham believed that laws should be crafted based on scientific principles to ensure they effectively promote the common good and societal happiness.

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Global Law

Laws that affect more than one nation, encompassing international law, non-state actors, and private law (like user agreements). It's not necessarily universal and can even contradict universal values.

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Truth Claim Elements

Components necessary for a valid truth claim: Authority (believing in your own claim), Correspondence (matching reality), Coherence (internal consistency), and Consensus (support from reliable sources).

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Academic Freedom

Protection of academic speech, often enshrined in constitutions, offering greater protection than general freedom of speech.

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Realism

Political philosophy emphasizing strong leadership, national unity, precariousness of international peace, and the role of aggression in innovation.

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Schmitt's Ideas

Four main ideas: strong leadership, internal unity, precarious international order, and the positive role of aggression. These ideas are often associated with a more nationalistic and authoritarian approach to politics.

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Positivism

A broad philosophical approach emphasizing science, knowledge, methodology, and logic. It encompasses various types, including philosophical, scientific, logical, sociological, and legal.

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Correspondence Theory of Truth

A theory that states a claim is true if it corresponds to reality that can be observed.

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Consensus Theory of Truth

A theory that states a claim is true if it is supported by other credible sources and authorities.

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Study Notes

Global Law

  • Affects more than one nation
  • Includes non-state actors and private law (e.g., terms and conditions)
  • Not necessarily universal; can contradict universal values
  • Global legal theory = a theoretical production that is globally recognised

Elements of a Truth Claim/Speech

  • Authority: Belief in the claim
  • Correspondence Theory of Truth: Claim aligns with observed reality
  • Coherent Theory of Truth: Parts of the claim are consistent
  • Consensus Theory of Truth: Supported by other academic sources
  • Normal Speech: Protected by freedom of speech
  • Academic Speech: More protected; protected by academic freedom in some constitutions; enhanced claim to truth; developed using the scientific method; includes 4 elements of a truth claim (authority, correspondence, coherence and consensus)
  • Kantianism/Universalism: Way to achieve perpetual peace
    • Peace treaties MUST NOT prepare for future wars; cessation of hostilities ≠ peace
    • States are NOT property; no conquering, purchasing, or inheriting states
    • Eventually abolish standing armies

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