Philosophy of Law Quiz

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

Define philosophy of law.

Philosophy of Law (also called jurisprudence), branch of philosophy that investigates the nature of law, especially in its relation to human values, attitudes, practices, and political communities. Traditionally, philosophy of law proceeds by articulating and defending propositions about law that are general and abstract x x x. Philosophy of law often aims to distinguish law from other systems of norms, such as morality (see ethics) or other social conventions.

What is the oldest law? Explain this law.

The Code of Ur-Nammu (c. 2100-2050 BCE) is the oldest extant (existing, present, living) law code in the world. “Ur-Nammu” presenting himself as the father of his people, encouraged his subjects to think of themselves as one family and of his laws as the rules of a home. Punishments, except for capital offenses, took the form of fines in the same way a child might be deprived of a favorite pastime or toy for misbehaving. Ur-Nammu issued the code with the understanding that his people knew how to treat each other with respect and a fine for lapses would serve as a reminder.

What is the second oldest law? Explain this.

The Code of Hammurabi was a set of 282 laws inscribed in stone by the Babylonian king Hammurabi (r. 1795-1750 BCE) who conquered and then ruled ancient Mesopotamia (now Iraq). The laws address business contracts and proper prices for goods as well as family and criminal law. Every crime inscribed on the stele is followed by the punishment to be inflicted. No one could claim they were ignorant of the law as the over seven-foot-tall stele was erected publicly. At the top, it was engraved with an image of Shamash, the god of justice, handing the laws to Hammurabi and the following text makes clear that these are laws of the gods, not arbitrary rules created by mortals.

What does Sharia stand for?

Sharia stands for Islamic or sacred law. It is an Arabic word meaning “the way” or “the path to water.” Signup and view all the answers

Law is necessarily subject to a procedural morality consisting of eight principles. Choose the correct principles. (Select all that apply)

The rules must be expressed in understandable terms. Signup and view all the answers

Which of the following are types of secondary rules that mark the transition from primitive forms of law to full-blown legal systems? (Select all that apply)

Rule of recognition Signup and view all the answers

Legal moralism is the view that the law can legitimately be used to prohibit behaviors that conflict with society's collective moral judgments, even when those behaviors do not result in physical or psychological harm to others.

True Signup and view all the answers

According to the separation of Church and State, the government can establish a national religion funded by the taxpayers.

False Signup and view all the answers

The Filipino Constitution prohibits same-sex marriage explicitly.

False Signup and view all the answers

What are five justifications for punishment, as discussed in the text?

The five justifications for punishment are: retributive, deterrence, preventive, rehabilitative, and restitutionary. Signup and view all the answers

Explain the retributive justification for punishment.

According to the retributive justification, punishment of a wrongdoer is justified by the fact that she committed an offense that deserves the punishment. On this view, it is morally appropriate that a person who has committed a wrongful act should suffer in proportion to the magnitude of her wrongdoing. Signup and view all the answers

Explain the deterrence justification for punishment.

According to the deterrence justification, punishment of a wrongdoer is justified by the socially beneficial effects that it has on other persons. On this view, punishment deters wrongdoing by persons who would otherwise commit wrongful acts. The problem with the deterrence theory is that it justifies punishment of one person on the strength of the effects that it has on other persons. Signup and view all the answers

Explain the preventive justification for punishment.

The preventive justification argues that incarcerating a person for wrongful acts is justified insofar as it prevents that person from committing wrongful acts against society during the period of incarceration. Signup and view all the answers

Explain the rehabilitative justification for punishment.

The rehabilitative justification argues that punishment is justified in virtue of the effect that it has on the moral character of the offender. Each of these justifications suffers from the same flaw: prevention of crime and rehabilitation of the offender can be achieved without the deliberate infliction of discomfort that constitutes punishment. Signup and view all the answers

Explain the restitutionary justification for punishment.

The restitutionary justification focuses on the effect of the offender's wrongful act on the victim. Other theories of punishment conceptualize the wrongful act as an offense against society; the restitutionary theory sees wrongdoing as an offense against the victim. Thus, on this view, the principal purpose of punishment must be to make the victim whole to the extent that this can be done: “The point is not that the offender deserves to suffer; it is rather that the offended party desires compensation” (Barnett 1977, p. 289). Signup and view all the answers

Study Notes

Philosophy of Law

Philosophy of law, also called jurisprudence, investigates the nature of law in relation to human values, attitudes, practices, and political communities.
It aims to distinguish law from other norms like morality or social conventions.

Oldest Law

The Code of Ur-Nammu (c. 2100-2050 BCE) is the oldest extant law code.
Ur-Nammu presented the code as rules for a family, emphasizing community rules rather than individual punishments.
Punishments were mostly fines, reflecting an understanding that people knew how to treat each other with respect.

Second Oldest Law

The Code of Hammurabi (r. 1795-1750 BCE) was a set of 282 laws inscribed in stone.
It covered business contracts, proper pricing, family law, and criminal law.
Each crime and corresponding punishment were recorded on the stele, making them publicly known.
The laws were considered divinely inspired, from the god Shamash.

Ethical Guidelines

The text mentions the Golden Rule, Silver Rule, and Bronze Rule, but does not specify their details.

Sharia

Sharia is Islamic or sacred law.
It is an Arabic word meaning "the way" or "the path to water."

Procedural Morality of Law

Law is subject to a procedural morality consisting of 8 principles:
- Rules must be expressed in general terms.
- Rules must be publicly promulgated.
- Rules must be prospective in effect.
- Rules must be in understandable terms.
- Rules must be consistent with each other.
- Rules must not require conduct beyond the powers of affected parties.
- Rules must not be changed too frequently.
- Rules must be administered consistently with wording.

Secondary Legal Rules

Three types of secondary rules mark the transition to full-blown legal systems:
- Rule of recognition: identifies rules as part of the legal system.
- Rule of change: enables a society to add, remove, or modify laws.
- Rule of adjudication: establishes a mechanism to determine when rules have been violated.

Legal Moralism

Legal moralism is the view that law can legitimately be used to prohibit behaviors that clash with societal moral judgments.
It allows restricting individual freedoms based on collective morality.

Separation of Church and State

The government cannot establish a national religion funded by taxpayers.
This separation is guaranteed by the constitution.

Philosophy of Religious Provisions

A society should not be forced to worship a single God.
Religion should be protected from government interference or discrimination.

Justifications for Punishment

Punishment justifications include:
- Retributive: Punishment in proportion to the crime, focusing on the wrongdoer.
- Deterrence: Punishment discourages further crimes.
- Preventive: Punishment prevents further crimes by the same individual.
- Rehabilitative: Punishment aims to reform the wrongdoer.
- Restitutionary: Compensation for victims of wrongdoing.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

Test your knowledge on the philosophy of law and its historical roots. This quiz covers essential concepts like the Code of Ur-Nammu and the Code of Hammurabi, examining their impact on legal systems. Engage with the ethical guidelines that underpin these ancient codes.