Philosophy of Law: Hobbes and Hart

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Questions and Answers

In Hobbes' view, what is necessary for individuals to live peacefully?

Total submission to the sovereign

Establishment of multiple governing bodies

Complete freedom to act as they wish

Formation of a society for protection (correct)

What does Hobbes define as the origin of justice?

The state of nature

The consent of the governed

Shared moral values within society

The law issued by a sovereign (correct)

What is the role of sovereignty according to Hobbes?

It is dependent on public approval

It is accountable to the law

It embodies ultimate unrestricted power (correct)

It should provide checks and balances

Why did H.L.A. Hart criticize John Austin's theory?

He found it too simplistic for understanding legal obligations Signup and view all the answers

What does tacit consent imply in the context of law?

Lack of objection indicates acceptance of a law Signup and view all the answers

What is a key aspect of Dworkin's view on law and morality?

Law cannot be separated from what it should be. Signup and view all the answers

According to Dworkin, how are principles characterized compared to rules?

Principles are more subjective than rules. Signup and view all the answers

What distinguishes Hart's soft legal positivism from hard legal positivism?

Soft positivism includes extra-legal norms. Signup and view all the answers

What is the primary focus of L.L. Fuller’s approach to natural law?

Separating religious beliefs from natural law. Signup and view all the answers

In Dworkin's view, what role does interpretation play in law?

Interpretation is essential for achieving the best legal outcomes. Signup and view all the answers

What is required for constituent power to come into play?

The existing regime must be resolved Signup and view all the answers

What differentiates higher law from ordinary law in Rawls' constitutionalism?

Higher law is the expression of people's constituent power. Signup and view all the answers

What is a characteristic of a democratic constitution according to Rawls?

It reflects the people's will to govern themselves. Signup and view all the answers

What does legal positivism emphasize as the origin of law?

The sovereign's will Signup and view all the answers

What does Rawls mean by the separation of powers in a constitutional democracy?

No single branch of power has ultimate control. Signup and view all the answers

How does legal positivism regard the relationship between law and morality?

They are completely independent Signup and view all the answers

Who holds ultimate power in Rawls' view of constitutional governance?

Three branches of government in a defined relationship Signup and view all the answers

What does the term 'Grundnorm' refer to in legal positivism?

The ultimate rule or norm of a legal system Signup and view all the answers

What assumption does legal positivism hold regarding the creation of law?

It is a product of human activity Signup and view all the answers

According to natural law theory, what must be present in the law?

A basis in moral principles Signup and view all the answers

What is the primary focus of the political concept of justice?

Establishing a fair society through its main institutions Signup and view all the answers

What is considered a deficiency in law according to the normative sense?

Law that does not align with reality. Signup and view all the answers

According to Rawls, what must a legitimate constitution reflect?

A consensus on fairness and justice across diverse beliefs Signup and view all the answers

How does Karl Schmitt view the ability of a community to meet goals?

A community must prioritize certain goals over others. Signup and view all the answers

What aspect does the political concept of justice NOT focus on?

Individual interpretations of morality Signup and view all the answers

Which type of rule exists prior to the action it governs?

Regulative rules Signup and view all the answers

How should the principles of a constitution be supported, according to Rawls?

By solid philosophical reasoning Signup and view all the answers

What is one aspect of the political concept of justice mentioned in the content?

It addresses the philosophical foundations of justice Signup and view all the answers

What aspect do constitutional rights have according to the content?

They are both regulative and constitutive. Signup and view all the answers

What defines social life according to the priorities mentioned?

The priorities of the strongest groups. Signup and view all the answers

What does the term 'reasonable' refer to in the context of political philosophy?

Willingness to engage in fair cooperation Signup and view all the answers

What is the 'Liberal Principle of Legitimacy' primarily concerned with?

The validity of political power under shared agreements Signup and view all the answers

What is meant by 'public reason' in political discussions?

Debates based on universally comprehensible principles Signup and view all the answers

What does the concept of 'well-ordered society' mean?

A society that adheres to shared principles of justice Signup and view all the answers

What is the goal of 'overlapping consensus' in a diverse society?

To create stability through agreement on basic political principles Signup and view all the answers

What are the two principles of Rawls' theory of justice as fairness?

Equal basic rights and liberties, and the Difference Principle Signup and view all the answers

How does Schmitt define the Absolute Constitution?

A form of forms that transcends mere legal norms Signup and view all the answers

Which of the following best describes the Difference Principle in Rawls' theory?

Inequalities are acceptable only if they improve the situation of the least advantaged Signup and view all the answers

What characterizes the Positive Constitution according to Schmitt?

It emerges from a political decision made by a sovereign authority Signup and view all the answers

Which type of constitution does Schmitt refer to as a militant constitution?

The Ideal Constitution Signup and view all the answers

What does the Rule of Change govern?

Changes in status such as contracts and marriage Signup and view all the answers

Which concept asserts that a sovereign's power is not above the law?

Locke's Natural Law Signup and view all the answers

What is the primary focus of the Rules of Adjudication?

Creating procedures for resolving conflicts Signup and view all the answers

What does Contemporary Natural Law suggest about the validity of laws?

It depends on the moral merit of its norms Signup and view all the answers

Which of these concepts is described as the supreme power in a political entity?

Sovereignty Signup and view all the answers

What is the 'Veil of Ignorance' concept in Rawls's theory?

Formulating societal rules without personal knowledge of one’s identity Signup and view all the answers

Which concept refers to balancing moral principles to achieve consistency in beliefs about justice?

Reflective Equilibrium Signup and view all the answers

What aspect does Rawls emphasize as essential to the concept of justice?

Ensuring equal rights and opportunities for all Signup and view all the answers

What does the 'Circumstances of Justice' refer to in Rawls's work?

Instances requiring justice due to limited resources and conflicting interests Signup and view all the answers

How does Rawls distinguish between justice and utilitarianism?

Utilitarianism seeks the greatest happiness for the largest number of people Signup and view all the answers

What does the 'Fact of Pluralism' acknowledge in Rawls's theory?

The validity of diverse viewpoints and beliefs within society Signup and view all the answers

What is the primary focus of the 'Original Position' as per Rawls's thought experiment?

Creating societal rules without knowledge of one's identity or status Signup and view all the answers

What does 'Reasonable Pluralism' signify in Rawls's philosophy?

The acceptance and coexistence of various beliefs in society Signup and view all the answers

Study Notes

Hobbes's Concept of Law

Hobbes's theory of law focuses on the state of nature, arguing individuals would choose a sovereign to form a society in order to have protection.
Justice comes from the law
The law is considered a command with sanctions issued by a sovereign.
Sovereignty = Ultimate Power, unrestricted.
Tacit Consent: If no one objects to a law, then everyone accepts it

Hart's Critique of Austin

Hart argues Austin's theory is too simplistic, stating individuals obey rules because they trust the legitimacy of the rules.

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Description

Explore the contrasting views of Hobbes and Hart on legal theory in this quiz. Hobbes emphasizes the necessity of a sovereign for societal protection, while Hart critiques Hobbes's perspective by highlighting the role of legitimacy in law adherence. Test your understanding of these foundational concepts in philosophy.