The Evolution of Critical Legal Theory
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Questions and Answers

According to Oliver Wendell Holmes Jr, judges should follow past judgements if it is reasonable to do so.

  • True (correct)
  • False

    • According to Karl Llewellyn, law is always catching up with society because society is constantly changing.

  • False
  • True (correct)

    • According to Jerome Frank, it is impossible to predict the fact findings of judges and juries, even in situations where the rules are clear.

  • True (correct)
  • False

    • According to the text, statutes become law only after they are enforced by the courts.

    <p>True</p> Signup and view all the answers

    According to the realists, what is the main factor in the formation of judicial decisions?

    <p>Non-legal factors</p> Signup and view all the answers

    What do the American realists believe about the indeterminacy of law?

    <p>Legal rules frequently do not determine the outcomes of actual cases</p> Signup and view all the answers

    According to the pragmatic model of adjudication, what role should judges adopt?

    <p>Lawmakers</p> Signup and view all the answers

    What do the realists argue about the force of the law?

    <p>The force of the law is produced by psychological effects</p> Signup and view all the answers

    According to Critical Legal Studies (CLS), what is the main reason law is considered indeterminate?

    <p>Law is influenced by deep-seated social conflict</p> Signup and view all the answers

    According to CLS, how does law function ideologically?

    <p>All of the above</p> Signup and view all the answers

    What is the CLS critique of rights?

    <p>All of the above</p> Signup and view all the answers

    What is Duncan Kennedy's role in Critical Legal Studies (CLS)?

    <p>All of the above</p> Signup and view all the answers

    Where have the key insights of Critical Legal Studies been subsumed within other perspectives?

    <p>All of the above</p> Signup and view all the answers

    What are some of the foundational questions that underlie Critical Race Theory and the law?

    <p>All of the above</p> Signup and view all the answers

    Who is considered foundational to Critical Race Theory?

    <p>Both Derek Bell and Kimberlé Crenshaw</p> Signup and view all the answers

    What is the dilemma of rights discourse for Critical Race Theory scholars?

    <p>Rights have reinforced existing patterns of domination</p> Signup and view all the answers

    According to the text, what did Hart regard as the fundamental flaws in the realist conceptualization of law?

    <p>All of the above</p> Signup and view all the answers

    According to the text, what did American realism prompt legal positivists to do?

    <p>All of the above</p> Signup and view all the answers

    According to the text, what were some intellectual influences shaping Critical Legal Studies?

    <p>Marxist thought and poststructuralism/postmodernism</p> Signup and view all the answers

    According to the text, what does Critical Legal Studies challenge?

    <p>All of the above</p> Signup and view all the answers

    According to the text, what does Critical Race Theory NOT assert?

    <p>An individual, by virtue of belonging to a certain race or sex, is responsible for actions committed in the past by other members of the same race or sex</p> Signup and view all the answers

    According to the text, what has been part of the same experience in the quest for racial justice?

    <p>Winning and losing</p> Signup and view all the answers

    According to the text, what do the reforms brought about by appeals to legal ideology seem to undermine?

    <p>The ability to move forward toward a broader vision of racial equality</p> Signup and view all the answers

    According to the text, what does Critical Race Theory NOT assert about race and sex?

    <p>An individual is solely defined by their race or sex</p> Signup and view all the answers

    According to the text, what does Critical Race Theory NOT assert about discrimination?

    <p>An individual should be discriminated against or receive adverse treatment</p> Signup and view all the answers

    According to the text, what does Critical Race Theory NOT assert about psychological distress?

    <p>Psychological distress is irrelevant in the context of race and sex</p> Signup and view all the answers

    What are human rights?

    <p>Moral guarantees</p> Signup and view all the answers

    What term was used in earlier centuries to refer to moral rights?

    <p>Natural rights</p> Signup and view all the answers

    What do human rights impose obligations on?

    <p>The state</p> Signup and view all the answers

    What do human rights reflect?

    <p>Human dignity</p> Signup and view all the answers

    What do fundamental human rights take precedence over?

    <p>Collective goals</p> Signup and view all the answers

    According to rights theorists, some preferences are considered illegitimate and should not be taken into account in decision making because

    <p>they are not appropriate to balance against other people's interests</p> Signup and view all the answers

    According to Marx, rights serve the interests of

    <p>those who have private ownership of the means of production</p> Signup and view all the answers

    According to Dworkin, individual rights are political trumps that

    <p>cannot be overridden by the public interest</p> Signup and view all the answers

    Human rights impose obligations on

    <p>the state</p> Signup and view all the answers

    The International Bill of Rights consists of

    <p>all of the above</p> Signup and view all the answers

    According to Bernard Hardcourt, what has happened to the harm principle?

    <p>It has become meaningless</p> Signup and view all the answers

    What is the main focus of the debate today, according to the text?

    <p>The type and amount of harms caused by challenged conduct</p> Signup and view all the answers

    What is the name of the government's proposed bill mentioned in the text?

    <p>Communications Legislation Amendment (Combating Misinformation and Disinformation) Bill</p> Signup and view all the answers

    When was the government's proposed bill first proposed?

    <p>January this year</p> Signup and view all the answers

    According to the analysis mentioned in the text, what could the government's proposed bill jeopardize?

    <p>Free speech online</p> Signup and view all the answers

    Why was the prohibition found to be overbroad?

    <p>Because it denies the rights of some people</p> Signup and view all the answers

    What did the Court suspend in the case?

    <p>The declaration of invalidity</p> Signup and view all the answers

    What did the Court suggest about the legislative response?

    <p>It would likely involve a complex regulatory regime</p> Signup and view all the answers

    What did Michael Walzer argue about justice?

    <p>Justice can only be debated within the context of particular communities</p> Signup and view all the answers

    What does liberalism provide us with?

    <p>A theory of limitations on state action</p> Signup and view all the answers

    Which generation of rights primarily focuses on socio-economic rights and positive rights?

    <p>Second-generation rights</p> Signup and view all the answers

    What is weak-form judicial review?

    <p>The review of laws by the judiciary that is considered desirable</p> Signup and view all the answers

    In the case of Carter v Canada, what did the Supreme Court of Canada hold about the laws prohibiting physician-assisted dying?

    <p>They interfered with the liberty and security of the person</p> Signup and view all the answers

    What are the principles of fundamental justice that must be complied with in order to deprive life, liberty, or security of a person?

    <p>Arbitrariness, overbreadth, and gross disproportionality</p> Signup and view all the answers

    What is the main criticism of strong-form judicial review?

    <p>It creates a problem of political illegitimacy</p> Signup and view all the answers

    According to Immanuel Kant, rights are an expression of ________

    <p>personhood</p> Signup and view all the answers

    Who was one of the earliest utilitarians and hostile to the idea of natural rights?

    <p>Jeremy Bentham</p> Signup and view all the answers

    According to Bentham, the only rights are ________ rights.

    <p>legal</p> Signup and view all the answers

    Utilitarianism is a consequentialist theory that measures the rightness or wrongness of actions solely by reference to their ________.

    <p>consequences</p> Signup and view all the answers

    According to utilitarianism, the best course of action is one that achieves the highest ________ compared to alternative courses of action.

    <p>happiness</p> Signup and view all the answers

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