Philosophy of Law: Key Definitions
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Questions and Answers

What was Emma Goldman's stance towards the law and its institutions?

  • She viewed the law as essential for society's progress.
  • She believed the law was a tool for justice.
  • She did not believe in the law and its machinery. (correct)
  • She feared the consequences of breaking the law.

What was the outcome of Goldman's conviction under the Comstock Law?

  • She was given a life sentence.
  • She was acquitted after her trial.
  • She chose to spend two weeks in prison. (correct)
  • She paid a fine of $100.

During her trials, how did Goldman utilize the court environment?

  • To plead for mercy from the judges.
  • As a platform to propagate anarchist principles. (correct)
  • To criticize the judicial system.
  • To seek legal representation.

In what year was Goldman incarcerated for inciting a riot?

<p>1893 (A)</p> Signup and view all the answers

What significant aspect did Goldman highlight in her closing speech during her trial for the Comstock Law?

<p>The hypocrisy of the charges against her. (A)</p> Signup and view all the answers

What was the primary focus of Goldman’s lectures that led to her conviction for breaching the Comstock Law?

<p>Birth control information. (D)</p> Signup and view all the answers

Which statement best summarizes Goldman's view on justice as expressed in her biography 'Living My Life'?

<p>She believed they could not expect justice. (A)</p> Signup and view all the answers

How long did Goldman's closing speech last during her trial for the Comstock Law?

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

What did Emma Goldman refuse to do regarding young men's decision on registration?

<p>Advise them to refuse to register (A), Leave the decision to their individual conscience (D)</p> Signup and view all the answers

What was Emma Goldman's stance on compliance with legal institutions?

<p>She did not fear the law and used court appearances for propaganda (B)</p> Signup and view all the answers

Which law did Emma Goldman breach that led to her incarceration in 1916?

<p>The Comstock Law (D)</p> Signup and view all the answers

During her trial regarding the Comstock Law, what did Goldman emphasize in her defense?

<p>The importance of birth control for motherhood and child welfare (A)</p> Signup and view all the answers

How did Goldman and Berkman's legal troubles ultimately affect them?

<p>They were exiled to Russia (B)</p> Signup and view all the answers

What was Goldman's view on advising young men regarding registration during conscription?

<p>It is a matter of personal conscience and choice (A)</p> Signup and view all the answers

What was the primary reason Goldman chose to serve her sentence instead of paying the fine?

<p>She wanted to make a statement against the law (D)</p> Signup and view all the answers

What role did Emma Goldman believe each individual should have in making decisions about conscription?

<p>They must decide based on their own conscience (B)</p> Signup and view all the answers

What was the primary aim of Emma Goldman's group during their gathering at Harlem Casino?

<p>To inform young men about the dangers of World War I and conscription (D)</p> Signup and view all the answers

How did Berkman justify his decision not to advise young men against registering for the draft?

<p>He felt it was not his place to influence others when he was not in danger. (C)</p> Signup and view all the answers

What principle guided Emma Goldman's stance on urging young men regarding draft registration?

<p>The principle of personal freedom and individual choice (D)</p> Signup and view all the answers

In his closing speech, what aspect of individual choice did Berkman emphasize?

<p>The significance of personal conscience in decision-making (B)</p> Signup and view all the answers

How did Goldman view her role in persuading young men regarding the draft?

<p>She rejected the idea of directing others' choices as it mirrored government authority. (A)</p> Signup and view all the answers

What is a key philosophical viewpoint expressed by Emma Goldman in her writings?

<p>Anarchism supports freedom of conscience and personal choice. (A)</p> Signup and view all the answers

What was one of the central beliefs of Berkman and Goldman regarding the draft?

<p>Young men should be fully informed to make their own decisions. (C)</p> Signup and view all the answers

Which statement reflects the anarchist critique of law as discussed by Goldman and Berkman?

<p>Legal obligations should not interfere with individual freedoms. (B)</p> Signup and view all the answers

Flashcards

Emma Goldman's Trial Strategy

Emma Goldman used legal proceedings, like trials, as platforms to advocate for anarchist principles and criticize the legal system.

Goldman's Birth Control Activism

Emma Goldman advocated for birth control, leading to legal ramifications and a trial where she defended her cause.

Goldman's Conspiracy Trial

Emma Goldman and Berkman were convicted of conspiracy against the draft, leading to exile to Russia.

Emma Goldman's View on Law

Emma Goldman did not trust the justice system and believed it was often flawed.

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Goldman's Trial Tactics

She turned her trials into pro-anarchism speeches, making controversial statements.

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Blackwell Island Penitentiary

Jail where Emma Goldman was imprisoned for inciting a riot.

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Comstock Law

1873 United States law prohibiting the circulation of information about birth control.

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Anarchist Principles

Emma Goldman used trials and acts to advocate for the belief that individuals should not be controlled by government.

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Emma Goldman's Court Appearances

Emma Goldman was repeatedly arrested and tried in court for her activism, including her anarchist beliefs and advocacy for birth control.

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Goldman's Conscription Stand

Goldman refused to urge young men to register for the draft, arguing against governmental direction of personal choices.

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Conspiracy Against Draft

Goldman and Berkman were convicted of conspiring against the draft.

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Comstock Law of 1873

A law that criminalized the distribution of information about birth control.

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Goldman's Courtroom Defense

Goldman used her court appearances to advocate for anarchist principles and her beliefs, often turning trials into public platforms for her ideas.

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Birth Control Advocacy

Goldman's courtroom defense included eloquent defense of birth control.

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Individual Conscience

Goldman believed in the importance of individual conscience for decision-making and took a position on personal responsibility in the face of government mandates.

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Emma Goldman's trial

Emma Goldman used her trial for anarchism advocacy.

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No Conscription League

Motivated to inform young men on conscription issues during WWI.

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Berkman's trial statement

Berkman defended his stance of not advising against conscription, unless personally risking danger.

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Goldman's advice on conscription

Goldman didn't advocate against conscription to avoid government stance.

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Harlem Casino gathering

A meeting to inform on conscription in Harlem during WWI.

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Decision left to conscience

Berkman argued for individuals to decide on conscription based on their conscience.

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Anarchist trial strategy

Goldman and Berkman used the trial as platform to disseminate anarchist ideas.

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World War I Conscription

Forced military service during WWI.

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Study Notes

Introduction

  • Law's meaning is a significant topic in jurisprudence and scholarship.
  • Legal concepts and ideas evolve with societal changes.
  • Thurman Arnold argues that defining law is ongoing.
  • E.J. Fitzgerald believes defining law is needed to clarify legal concepts.
  • Freeman suggests a good legal definition includes accepted elements and excludes non-legal rules.

Definitions of Law

  • Ancient philosophers (Plato, Aristotle) viewed law as an embodiment of reason.
  • Thomas Aquinas defined law as a reasoned ordinance for the common good.
  • The Italian philosopher from 1224 emphasized human conscience in defining law.
  • John Austin saw law as a sovereign's command, with duty and sanctions.
  • Hart defined law as a system of rules, a union of primary and secondary rules.
  • A different view of law ("legal realism") saw law as what courts do in practice, not just written rules.
  • Lord Browne-Wilkinson defined law as the sum of influences on judicial decisions.
  • Max Weber saw law as behaviour controlled by threat of force.
  • Hobbes believed law provides order in disorganized societies.
  • Glanville Williams saw law as society's cement and change instrument.

Place of Law in Society

  • Law's purpose is to create an ideal society or a more tolerable state of nature.
  • Law protects against evil, regulates relationships, and resolves disputes.
  • Law can be a tool for social engineering.

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Law Definitions PDF

Description

Explore various perspectives on the meaning of law in this quiz. From ancient philosophers to modern legal theorists, discover how definitions of law reflect societal values and the evolution of legal thought. Test your understanding of these foundational concepts in jurisprudence.

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