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The Evolution of Critical Legal Theory

Created by HandyJadeite

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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

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

True

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

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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