Political Philosophy Quiz

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Questions and Answers

What does Hobbes' contract theory primarily suggest about life in the state of nature?

  • It leads to a chaotic environment. (correct)
  • It emphasizes individual freedom over societal rules.
  • It is full of mutual cooperation.
  • It is peaceful and well-structured.

According to Hobbes, what is the relationship between law and justice?

  • Justice comes from the law. (correct)
  • Law can change the concept of justice.
  • Justice is independent of law.
  • Justice is defined by cultural norms.

What does tacit consent imply about the acceptance of laws?

  • No one objects to the law, implying acceptance. (correct)
  • Laws must be explicitly agreed upon.
  • Passive resistance indicates rejection of the law.
  • Everyone supports the law openly.

How does John Austin view obedience to the law?

<p>Obedience is necessary due to the threat of punishment. (B)</p> Signup and view all the answers

What criticism did H.L.A. Hart have regarding Austin's theory?

<p>It overemphasizes the role of fear. (B)</p> Signup and view all the answers

What characterizes a well-ordered society?

<p>Everyone accepts the same principles of justice as do institutions. (D)</p> Signup and view all the answers

Which term refers to the authority to create or change a constitution?

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

What does the term 'burden of judgment' refer to?

<p>The factors leading reasonable people to different conclusions about moral issues. (D)</p> Signup and view all the answers

What does 'public reason' involve in political discussions?

<p>Debate grounded in universally understandable principles. (B)</p> Signup and view all the answers

What describes 'reasonable pluralism'?

<p>Different reasonable beliefs coexist peacefully. (C)</p> Signup and view all the answers

What is the first principle of Rawls' theory of justice as fairness?

<p>Equal basic rights and liberties (C)</p> Signup and view all the answers

Which type of constitution does Schmitt describe as a collection of specific provisions and articles?

<p>The Relative Constitution (D)</p> Signup and view all the answers

According to Rawls, when are inequalities acceptable under the Difference Principle?

<p>As long as they benefit the least advantaged (A)</p> Signup and view all the answers

What does Schmitt refer to as a militant constitution?

<p>The Ideal Constitution (A)</p> Signup and view all the answers

How does Schmitt define the Absolute Constitution?

<p>As a set of legal norms beyond mere laws (A)</p> Signup and view all the answers

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

<p>Establishing a fair society (D)</p> Signup and view all the answers

Which of the following is NOT an aspect of the political concept of justice?

<p>The historical traditions of a society (B)</p> Signup and view all the answers

According to Rawls, what legitimizes a constitution?

<p>Its reflection of fairness and justice principles (C)</p> Signup and view all the answers

What is required for a constitution to be considered legitimate in Rawls' view?

<p>It must be supported by philosophical reasoning (C)</p> Signup and view all the answers

How should laws be structured to avoid oppression of minorities?

<p>Gain broad agreement despite differences (D)</p> Signup and view all the answers

What distinguishes Dworkin's principles from his rules?

<p>Rules can be enumerated, while principles cannot. (A)</p> Signup and view all the answers

Which statement best reflects L.L. Fuller's stance on natural law?

<p>Natural law should be separated from religious beliefs. (C)</p> Signup and view all the answers

What does hard legal positivism emphasize?

<p>A clear distinction between law and morality. (C)</p> Signup and view all the answers

Which statement is true about H.L.A. Hart's approach to legal positivism?

<p>Hart incorporates extra-legal features into his legal positivism. (D)</p> Signup and view all the answers

In what context does Dworkin argue that law is silent?

<p>In matters of legal interpretation. (B)</p> Signup and view all the answers

What does the distinction of constituent power refer to?

<p>Power exercised only after a regime has been resolved. (B)</p> Signup and view all the answers

What is meant by the distinction of higher and ordinary law?

<p>Higher law is the expression of people's constituent power. (C)</p> Signup and view all the answers

What characterizes a democratic constitution according to Rawls?

<p>It represents the ideal of self-governance by the people. (A)</p> Signup and view all the answers

How does Rawls define the separation of powers in constitutional democracy?

<p>No single branch holds ultimate authority. (D)</p> Signup and view all the answers

Who holds the ultimate power in Rawls' constitutionalism?

<p>The three branches of government in mutual relation. (A)</p> Signup and view all the answers

What is the fundamental starting point of legal positivism according to Kelsen?

<p>Kelsen's Grundnorm (B)</p> Signup and view all the answers

Which of the following statements reflects the view of legal positivism?

<p>Law is based on the sovereign's will. (A)</p> Signup and view all the answers

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

<p>Law and morality are separate entities. (D)</p> Signup and view all the answers

What is a critical assumption of legal positivism regarding the nature of law?

<p>Law is a man-made construct. (C)</p> Signup and view all the answers

According to natural law, what must the content of law contain?

<p>Elements of morality (B)</p> Signup and view all the answers

What does the Rule of Change primarily govern?

<p>Changes in status such as contracts and marriage (C)</p> Signup and view all the answers

What are Rules of Recognition concerned with?

<p>Establishing the validity of a legal system (B)</p> Signup and view all the answers

What does the 'veil of ignorance' concept require individuals to do?

<p>Make decisions without knowledge of their personal circumstances (D)</p> Signup and view all the answers

Which concept is directly related to the supreme power in a political entity?

<p>Sovereignty (D)</p> Signup and view all the answers

What is the main idea of 'justice as fairness'?

<p>Equal rights and opportunities, with a focus on those in need (D)</p> Signup and view all the answers

What does 'reflective equilibrium' refer to in Rawls's work?

<p>An ongoing process of aligning moral beliefs and principles (B)</p> Signup and view all the answers

According to Locke's perspective, what is essential in a commonwealth?

<p>Individual freedoms (D)</p> Signup and view all the answers

What does contemporary natural law assert regarding the validity of law?

<p>It depends on the moral merit of its norms (D)</p> Signup and view all the answers

How does Rawls differentiate justice from utilitarianism?

<p>Justice emphasizes the intentions behind actions (D)</p> Signup and view all the answers

What are 'circumstances of justice' according to Rawls?

<p>Environments with limited resources and conflicting interests (D)</p> Signup and view all the answers

What does the 'fact of pluralism' highlight in Rawls’s theory?

<p>Diversity of viewpoints and beliefs is unavoidable and valuable (D)</p> Signup and view all the answers

What does Rawls mean by 'original position'?

<p>A situation to devise rules without knowledge of personal circumstances (B)</p> Signup and view all the answers

What does 'reasonable pluralism' refer to in Rawls's framework?

<p>Recognizing and respecting diverse beliefs in a free society (A)</p> Signup and view all the answers

Which of the following statements best describes the normative sense of law?

<p>Law is ultimately considered deficient when it does not reflect reality. (C)</p> Signup and view all the answers

Which scenario represents a defective law according to the criteria discussed?

<p>A law addressing a political issue but not enforced. (D)</p> Signup and view all the answers

What is the main characteristic of regulative rules?

<p>They require prior actions to be relevant. (A)</p> Signup and view all the answers

According to the content provided, which statement about the priorities in a community is accurate?

<p>Diverse aims often conflict, necessitating the prioritization of goals. (A)</p> Signup and view all the answers

What distinguishes constitutive rules from regulative rules?

<p>Constitutive rules create actions rather than regulate them. (A)</p> Signup and view all the answers

Flashcards

Hobbes' State of Nature

A hypothetical situation where there are no laws or government, resulting in chaos and competition for survival. Individuals act in their self-interest, leading to a 'war of all against all'.

Social Contract Theory

An agreement between individuals to create a society and government to maintain order and protect individual rights. Individuals give up some freedoms in exchange for security and protection.

Sovereignty in Law

The supreme power or authority within a legal system. The sovereign makes and enforces laws, and is not subject to any other authority.

Tacit Consent

The implied agreement to a law or rule by not objecting to it. The silence of the people indicates their acceptance.

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Austin's Command Theory

A theory of law that sees law as a command issued by a sovereign with the power to enforce it. People obey laws out of fear of punishment.

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Well-Ordered Society

A society where everyone agrees on the same principles of justice, and these principles are also followed by institutions.

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Reasonable vs. Rational

Rational means pursuing your own self-interest, while reasonable means being willing to cooperate fairly and recognize other's rights.

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Liberal Principle of Legitimacy

Political power is only valid if used in a way that all reasonable people can agree on.

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Overlapping Consensus

Citizens with different beliefs can agree on basic political principles, creating stability in a diverse society.

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Public Reason

Political discussions based on principles everyone can understand, not personal or religious beliefs.

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Dworkin's Principles vs Rules

Dworkin believes that law is inherently tied to what is 'right' and cannot be separated from moral principles. He argues that rules can be clearly defined and prioritized, while principles are more fluid and subjective.

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Dworkin's Living Constitution

This philosophy suggests that the Constitution should be interpreted in light of contemporary values and societal changes. Rather than being a fixed document, it should adapt to the needs of the present.

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Fuller and Natural Law

Fuller believed that natural law exists independently of religious or divine authority. He argued that certain universal moral principles are essential for a just legal system.

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Hard vs. Soft Legal Positivism

Both forms of legal positivism focus on identifying law as that which is officially enacted or recognized. However, hard positivism strictly adheres to legal sources, while soft positivism acknowledges the influence of extra-legal factors.

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Hart's Soft Positivism

Hart believed that law can be influenced by extra-legal factors, such as social norms, morality, and public opinion. He recognized that the legal system is a complex interplay of laws and social realities.

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Political Concept of Justice

A theory focusing on fairness within the fundamental structure of society, aiming to create a just system of laws and institutions.

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Object (Subject) of Political Justice

The core institutions of a society like the political system, economy, and social structure.

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Perspective of Political Justice

A standalone viewpoint focusing solely on the fairness of societal structures.

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Building Blocks of Political Justice

Concepts like a fair system, the idea of a person as an autonomous individual, and ideals of a well-ordered society.

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Legitimacy of a Constitution (Rawls)

A constitution is legitimate if its core principles are based on fairness and justice, gaining broad agreement from diverse views and beliefs.

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Constituent Power

The power to establish or change the fundamental rules of a society, usually exercised through a constitution.

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Higher Law

The constitution, reflecting the fundamental values and rights of a society, established by the people's constituent power.

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Ordinary Law

Laws made by the government, within the framework of the constitution, such as laws passed by Congress.

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Separation of Powers

The division of government authority into different branches, such as legislative, executive, and judicial, to prevent any single branch from becoming too powerful.

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Ultimate Power

In Rawls' view, ultimate power in a constitutional democracy is shared among the three branches of government, with each branch having specific roles and limitations.

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Just Society (Rawls)

A society based on fairness, where everyone has equal basic rights and liberties, and inequalities benefit the least advantaged.

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Difference Principle (Rawls)

The principle that states inequalities are acceptable only if they benefit the least advantaged members of society.

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Absolute Constitution (Schmitt)

The constitution as a fundamental principle or form, not just a set of rules. It's the underlying essence of a society's organization.

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Relative Constitution (Schmitt)

The constitution as a specific collection of written provisions and articles, like a legal document.

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Positive Constitution (Schmitt)

The constitution as a result of a political decision, where a sovereign authority decides the fundamental law.

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Just Principles

Fundamental rules of justice, considering diverse perspectives and beliefs in a society.

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Veil of Ignorance

Imagine creating societal rules without knowing your own personal circumstances, such as wealth, abilities, or social status.

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Reflective Equilibrium

A process of constantly adjusting your moral views to create consistency in your beliefs about justice.

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Original Position

A theoretical starting point where individuals imagine creating societal rules without knowing their own identity or place in society.

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Justice as Fairness

The idea that equal rights and opportunities are essential to a fair society, especially for those most vulnerable.

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Fact of Pluralism

The reality that many different beliefs and ideologies exist in a society.

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Circumstances of Justice

Conditions that make justice necessary, such as limited resources and diverse groups with conflicting interests.

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Reasonable Pluralism

The acceptance of diverse beliefs and doctrines in a free society.

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Legal Positivism

A philosophy of law that believes laws are made by humans and are independent of natural justice or morality. Law is based on sovereign will and rules, not on a higher moral order.

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Kelsen's Grundnorm

A basic norm or fundamental principle that lies at the foundation of a legal system. It's the ultimate source of legal authority, not founded on any other legal rule.

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Natural Law

The belief that there are universal moral principles that govern human behavior. These principles are inherent in the world and can be discovered through reason.

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Separation of Law & Morality

Legal Positivism argues that law and morality are distinct concepts. A law is a law, regardless of its moral implications. Natural law disagrees.

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Law in a closed system

Legal positivism views law as a self-contained system with its own rules and interpretations. It's distinct from other areas of knowledge, like morality.

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Rules of Change

These rules govern changes in legal status or relationships, such as contracts, wills, or marriage.

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Rules of Adjudication

These rules establish procedures for resolving legal conflicts, including the creation and organization of courts.

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Rules of Recognition

These rules identify the sources of valid law within a legal system. Their validity cannot be questioned.

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Locke's Natural Law

Locke believed individual freedoms are crucial in a commonwealth and that a sovereign's power should not be above the law.

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Contemporary Natural Law

This perspective argues that laws must have moral merit to be valid. It suggests that legal understanding requires consideration of law's ethical implications.

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Descriptive Law

Law as it actually exists, focusing on how rules are applied in real-world situations. It emphasizes the factual accuracy of legal rules.

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Normative Law

Focuses on what the law should be, aiming to improve legal systems and address deficiencies. It assesses the adequacy of existing law based on societal values.

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Law as a System

A collection of rules and principles that shape social interactions, governing behavior and relationships.

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Regulative Rules

Rules that govern and limit existing actions. They impose constraints on behavior that already exists.

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Constitutive Rules

Rules that create new actions or behaviors by defining their very existence. They establish what is possible.

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Study Notes

Hobbes' Contract Theory

  • Hobbes believed life in the state of nature would be dreadful.
  • Individuals would choose a sovereign to establish peace and order.
  • This sovereign would have the ultimate power.

Hobbes' Insights on Law

  • Law is a command from a sovereign.
  • The sovereign issues commands with sanctions.
  • Justice comes from the law, not from the sovereign.

Sovereignty

  • Sovereignty is ultimate power.
  • It is unrestricted and cannot be taken away.
  • It cannot be limited by a fundamental law.
  • Tacit consent is when a member of the commonwealth accepts the law of the sovereign.

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