Podcast
Questions and Answers
What does Hobbes' contract theory primarily suggest about life in the state of nature?
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?
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?
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?
How does John Austin view obedience to the law?
What criticism did H.L.A. Hart have regarding Austin's theory?
What criticism did H.L.A. Hart have regarding Austin's theory?
What characterizes a well-ordered society?
What characterizes a well-ordered society?
Which term refers to the authority to create or change a constitution?
Which term refers to the authority to create or change a constitution?
What does the term 'burden of judgment' refer to?
What does the term 'burden of judgment' refer to?
What does 'public reason' involve in political discussions?
What does 'public reason' involve in political discussions?
What describes 'reasonable pluralism'?
What describes 'reasonable pluralism'?
What is the first principle of Rawls' theory of justice as fairness?
What is the first principle of Rawls' theory of justice as fairness?
Which type of constitution does Schmitt describe as a collection of specific provisions and articles?
Which type of constitution does Schmitt describe as a collection of specific provisions and articles?
According to Rawls, when are inequalities acceptable under the Difference Principle?
According to Rawls, when are inequalities acceptable under the Difference Principle?
What does Schmitt refer to as a militant constitution?
What does Schmitt refer to as a militant constitution?
How does Schmitt define the Absolute Constitution?
How does Schmitt define the Absolute Constitution?
What is the primary focus of the political concept of justice?
What is the primary focus of the political concept of justice?
Which of the following is NOT an aspect of the political concept of justice?
Which of the following is NOT an aspect of the political concept of justice?
According to Rawls, what legitimizes a constitution?
According to Rawls, what legitimizes a constitution?
What is required for a constitution to be considered legitimate in Rawls' view?
What is required for a constitution to be considered legitimate in Rawls' view?
How should laws be structured to avoid oppression of minorities?
How should laws be structured to avoid oppression of minorities?
What distinguishes Dworkin's principles from his rules?
What distinguishes Dworkin's principles from his rules?
Which statement best reflects L.L. Fuller's stance on natural law?
Which statement best reflects L.L. Fuller's stance on natural law?
What does hard legal positivism emphasize?
What does hard legal positivism emphasize?
Which statement is true about H.L.A. Hart's approach to legal positivism?
Which statement is true about H.L.A. Hart's approach to legal positivism?
In what context does Dworkin argue that law is silent?
In what context does Dworkin argue that law is silent?
What does the distinction of constituent power refer to?
What does the distinction of constituent power refer to?
What is meant by the distinction of higher and ordinary law?
What is meant by the distinction of higher and ordinary law?
What characterizes a democratic constitution according to Rawls?
What characterizes a democratic constitution according to Rawls?
How does Rawls define the separation of powers in constitutional democracy?
How does Rawls define the separation of powers in constitutional democracy?
Who holds the ultimate power in Rawls' constitutionalism?
Who holds the ultimate power in Rawls' constitutionalism?
What is the fundamental starting point of legal positivism according to Kelsen?
What is the fundamental starting point of legal positivism according to Kelsen?
Which of the following statements reflects the view of legal positivism?
Which of the following statements reflects the view of legal positivism?
How does legal positivism view the relationship between law and morality?
How does legal positivism view the relationship between law and morality?
What is a critical assumption of legal positivism regarding the nature of law?
What is a critical assumption of legal positivism regarding the nature of law?
According to natural law, what must the content of law contain?
According to natural law, what must the content of law contain?
What does the Rule of Change primarily govern?
What does the Rule of Change primarily govern?
What are Rules of Recognition concerned with?
What are Rules of Recognition concerned with?
What does the 'veil of ignorance' concept require individuals to do?
What does the 'veil of ignorance' concept require individuals to do?
Which concept is directly related to the supreme power in a political entity?
Which concept is directly related to the supreme power in a political entity?
What is the main idea of 'justice as fairness'?
What is the main idea of 'justice as fairness'?
What does 'reflective equilibrium' refer to in Rawls's work?
What does 'reflective equilibrium' refer to in Rawls's work?
According to Locke's perspective, what is essential in a commonwealth?
According to Locke's perspective, what is essential in a commonwealth?
What does contemporary natural law assert regarding the validity of law?
What does contemporary natural law assert regarding the validity of law?
How does Rawls differentiate justice from utilitarianism?
How does Rawls differentiate justice from utilitarianism?
What are 'circumstances of justice' according to Rawls?
What are 'circumstances of justice' according to Rawls?
What does the 'fact of pluralism' highlight in Rawls’s theory?
What does the 'fact of pluralism' highlight in Rawls’s theory?
What does Rawls mean by 'original position'?
What does Rawls mean by 'original position'?
What does 'reasonable pluralism' refer to in Rawls's framework?
What does 'reasonable pluralism' refer to in Rawls's framework?
Which of the following statements best describes the normative sense of law?
Which of the following statements best describes the normative sense of law?
Which scenario represents a defective law according to the criteria discussed?
Which scenario represents a defective law according to the criteria discussed?
What is the main characteristic of regulative rules?
What is the main characteristic of regulative rules?
According to the content provided, which statement about the priorities in a community is accurate?
According to the content provided, which statement about the priorities in a community is accurate?
What distinguishes constitutive rules from regulative rules?
What distinguishes constitutive rules from regulative rules?
Flashcards
Hobbes' State of Nature
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
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
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
Tacit Consent
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Austin's Command Theory
Austin's Command Theory
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Well-Ordered Society
Well-Ordered Society
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Reasonable vs. Rational
Reasonable vs. Rational
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Liberal Principle of Legitimacy
Liberal Principle of Legitimacy
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Overlapping Consensus
Overlapping Consensus
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Public Reason
Public Reason
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Dworkin's Principles vs Rules
Dworkin's Principles vs Rules
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Dworkin's Living Constitution
Dworkin's Living Constitution
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Fuller and Natural Law
Fuller and Natural Law
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Hard vs. Soft Legal Positivism
Hard vs. Soft Legal Positivism
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Hart's Soft Positivism
Hart's Soft Positivism
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Political Concept of Justice
Political Concept of Justice
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Object (Subject) of Political Justice
Object (Subject) of Political Justice
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Perspective of Political Justice
Perspective of Political Justice
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Building Blocks of Political Justice
Building Blocks of Political Justice
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Legitimacy of a Constitution (Rawls)
Legitimacy of a Constitution (Rawls)
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Constituent Power
Constituent Power
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Higher Law
Higher Law
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Ordinary Law
Ordinary Law
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Separation of Powers
Separation of Powers
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Ultimate Power
Ultimate Power
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Just Society (Rawls)
Just Society (Rawls)
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Difference Principle (Rawls)
Difference Principle (Rawls)
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Absolute Constitution (Schmitt)
Absolute Constitution (Schmitt)
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Relative Constitution (Schmitt)
Relative Constitution (Schmitt)
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Positive Constitution (Schmitt)
Positive Constitution (Schmitt)
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Just Principles
Just Principles
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Veil of Ignorance
Veil of Ignorance
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Reflective Equilibrium
Reflective Equilibrium
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Original Position
Original Position
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Justice as Fairness
Justice as Fairness
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Fact of Pluralism
Fact of Pluralism
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Circumstances of Justice
Circumstances of Justice
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Reasonable Pluralism
Reasonable Pluralism
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Legal Positivism
Legal Positivism
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Kelsen's Grundnorm
Kelsen's Grundnorm
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Natural Law
Natural Law
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Separation of Law & Morality
Separation of Law & Morality
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Law in a closed system
Law in a closed system
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Rules of Change
Rules of Change
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Rules of Adjudication
Rules of Adjudication
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Rules of Recognition
Rules of Recognition
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Locke's Natural Law
Locke's Natural Law
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Contemporary Natural Law
Contemporary Natural Law
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Descriptive Law
Descriptive Law
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Normative Law
Normative Law
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Law as a System
Law as a System
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Regulative Rules
Regulative Rules
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Constitutive Rules
Constitutive Rules
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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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