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?

It is too rigid and arbitrary. Signup and view all the answers

What does codification of laws ensure, according to Bentham?

The elimination of judicial discretion. 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?

As unethical, treating the one as a means. Signup and view all the answers

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

Focusing on fixed, clear legislative processes. Signup and view all the answers

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

To establish laws based on social agreements and goals. Signup and view all the answers

Which characteristics define Kantianism according to the discussions?

Focus on the intention behind actions Signup and view all the answers

What is one key aspect of legal positivism?

Laws need to be applied as they are written Signup and view all the answers

What distinguishes natural law from legal positivism?

Natural law permits judges to creatively interpret laws Signup and view all the answers

Utilitarianism primarily evaluates actions based on which criterion?

The overall utility and happiness produced Signup and view all the answers

Which statement about formalist normativism is accurate?

It emphasizes the necessity of universalizable principles Signup and view all the answers

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

It has been used to support radical ideologies historically Signup and view all the answers

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

It emphasizes the subjective nature of legal outcomes Signup and view all the answers

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

It raises questions about the neutrality of law's validity Signup and view all the answers

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

No nation can have a standing army. Signup and view all the answers

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

Treat others as ends in themselves, not means. Signup and view all the answers

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

Strong leadership is essential during states of emergency. Signup and view all the answers

What is a significant element of Positivism?

Focus on scientific rigor and factual observation. Signup and view all the answers

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

A world state should govern all nations. Signup and view all the answers

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

Support from multiple academic sources. Signup and view all the answers

Which of the following statements is true regarding Academic Speech?

Claims made must follow the scientific method. Signup and view all the answers

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

Homogeneity is crucial for proper functioning. Signup and view all the answers

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

Cited sources that provide context and validation. Signup and view all the answers

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

Internal homogeneous nations guarantee peace. Signup and view all the answers

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)

Legal Theories

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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