Theories and Concepts of Law
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What is the primary focus of jurisprudence?

  • To create new laws for changing societies
  • To analyze and explain the nature of law (correct)
  • To decorate legal texts for public reading
  • To enforce existing laws in society

    • What distinguishes natural law from positive law?

  • Natural law is based on legal codes, while positive law is founded on moral principles.
  • Natural law is subjective, while positive law is objective.
  • Natural law is unchangeable, while positive law is created by humans. (correct)
  • Natural law requires human consensus, while positive law does not.

    • According to Socrates, what is essential for society to achieve true justice?

  • The guidance of natural law (correct)
  • The establishment of educational institutions
  • The enforcement of positive laws
  • The development of economic frameworks

    • How did Plato define justice in relation to the individual?

    <p>When physical, mental, and spiritual powers are in harmony for personal good</p> Signup and view all the answers

    Which philosopher believed that education was key to moral action?

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

    What role do human laws play according to natural law theorists?

    <p>They must align with natural laws for societal harmony.</p> Signup and view all the answers

    What aspect of law did Aristotle emphasize?

    <p>Law having a moral purpose for moral actions</p> Signup and view all the answers

    According to natural law theory, what is an ultimate goal that some theorists believe should be pursued?

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

    What is a recognized source of International Law that stems from state behavior over time?

    <p>Customary International Law</p> Signup and view all the answers

    Which of the following represents a category that falls under customary international law?

    <p>Laws of War before Geneva Convention</p> Signup and view all the answers

    What does diplomatic immunity protect diplomats from?

    <p>Physical Harm and Arrest</p> Signup and view all the answers

    Which international body typically authorizes the use of force to address unjust hostility?

    <p>UN Security Council</p> Signup and view all the answers

    What does diplomatic asylum allow a citizen from one country to do?

    <p>Seek refuge in an embassy of another country</p> Signup and view all the answers

    In international law, what does 'jus cogens' refer to?

    <p>Fundamental, peremptory norms</p> Signup and view all the answers

    What is a challenge posed by the Doctrine of State Sovereignty in conflict resolution?

    <p>It allows states to decline participation in dispute resolution.</p> Signup and view all the answers

    Which scenario exemplifies a legitimate use of force under modern international law?

    <p>In response to a physical attack on a nation</p> Signup and view all the answers

    What is a key requirement for member states in international organizations regarding state sovereignty?

    <p>They must forfeit some sovereignty.</p> Signup and view all the answers

    What was a significant limitation of the League of Nations that contributed to its failure?

    <p>It had no armed forces.</p> Signup and view all the answers

    How do disputes related to treaties typically get resolved?

    <p>By including a dispute resolution provision in the treaty.</p> Signup and view all the answers

    What was one of the main focuses of the League of Nations?

    <p>To maintain world peace through discussion.</p> Signup and view all the answers

    Which countries are known as the 'Big Five' in the United Nations Security Council?

    <p>U.S., U.K., France, Russia, China.</p> Signup and view all the answers

    What prevents the United Nations from effectively acting as a world government?

    <p>Members are volunteers and retain their sovereignty.</p> Signup and view all the answers

    What was the main outcome of the League of Nations despite its failures?

    <p>Creation of the International Court of Justice.</p> Signup and view all the answers

    What is a common misconception about the powers of the United Nations?

    <p>It has the authority to make laws for all nations.</p> Signup and view all the answers

    What is the main idea behind Thomas Aquinas's view of law?

    <p>The church holds higher authority than the state.</p> Signup and view all the answers

    According to Positive Law theorists, what influences the obedience to law?

    <p>Fear of penalties and legal consequences.</p> Signup and view all the answers

    What perspective does John Locke have towards human nature and government?

    <p>Humans are fundamentally good with some selfish tendencies.</p> Signup and view all the answers

    Which statement best represents Jeremy Bentham's philosophy regarding law?

    <p>The law should aim for the greatest happiness for the greatest number.</p> Signup and view all the answers

    What was John Austin's view on the relationship between law and morals?

    <p>Law is separate from morals and should not be influenced by them.</p> Signup and view all the answers

    How did Thomas Hobbes view the state of nature among humans?

    <p>The natural state was characterized by perpetual conflict.</p> Signup and view all the answers

    What does Legal Realism focus on in relation to the law?

    <p>The actual application of laws in real-world situations.</p> Signup and view all the answers

    Which of the following about unjust laws is consistent with Thomas Aquinas's beliefs?

    <p>Unjust laws can be ignored if they contradict moral standards.</p> Signup and view all the answers

    What is the main aim of the non-proliferation treaties established in 1968?

    <p>To stop the spread of nuclear weapons</p> Signup and view all the answers

    What is one consequence of the Charter of Rights and Freedoms for Canadian laws?

    <p>It permits the courts to declare laws unconstitutional.</p> Signup and view all the answers

    Which of the following is included in the definition of 'Common Heritage'?

    <p>High seas beyond coastal waters</p> Signup and view all the answers

    How does collective action affect legal change in Canada?

    <p>It is more successful with a large number of supporters.</p> Signup and view all the answers

    What is the concept of 'Deterrence Theory' primarily based on?

    <p>The belief that nuclear capability prevents war through fear of retaliation</p> Signup and view all the answers

    What is the primary role of lobby groups in the legislative process?

    <p>To influence legislators on behalf of a cause.</p> Signup and view all the answers

    Which of the following best describes 'Negative' security assurances?

    <p>Promises not to use nuclear weapons against non-nuclear states</p> Signup and view all the answers

    What is the purpose of the Wassenaar Arrangement established in 1996?

    <p>To prevent nuclear arms development through export limitations</p> Signup and view all the answers

    What is the purpose of a royal commission in Canada?

    <p>To investigate and report on specific issues.</p> Signup and view all the answers

    Which countries are considered to have nuclear capabilities as per the provided content?

    <p>Iran, Libya, and North Korea</p> Signup and view all the answers

    Which of the following is a primary source of Canadian law?

    <p>Historical influences such as British and French law.</p> Signup and view all the answers

    What is meant by the 'Hot-Pursuit Doctrine' in international maritime law?

    <p>A right for states to chase and apprehend vessels committing offenses at sea</p> Signup and view all the answers

    What does the Charter of Rights and Freedoms guarantee regarding political demonstrations?

    <p>The right to peaceful assembly.</p> Signup and view all the answers

    What main issue arises from the 1700s 'cannon-shot rule' regarding coastal waters?

    <p>It complicates disputes between coastal states and the international community</p> Signup and view all the answers

    What is one aspect of customs and conventions in law?

    <p>They are typically unwritten and can be difficult to change.</p> Signup and view all the answers

    How has social and political philosophy influenced Canadian law?

    <p>By prompting the development of human rights and civil rights legislation.</p> Signup and view all the answers

    What is the primary purpose of principles of international law?

    <p>To govern relationships and interactions between countries.</p> Signup and view all the answers

    How do individual actions, like voting, influence the legal system in Canada?

    <p>They can demand change, but results are not guaranteed.</p> Signup and view all the answers

    Study Notes

    Theories and Concepts of Law

    • Jurisprudence analyzes, explains, classifies, and criticizes bodies of law comparing them to other fields (literature, religion, economics, etc.).
    • It seeks to reveal the historical, moral, and cultural basis of legal concepts.
    • It explores reasons for making and obeying laws, characteristics of good laws, definitions of crime, distinguishing law from justice.

    Natural vs Positive Law

    • Ancient law theories were categorized into natural and positive law.
    • Natural law is a universal principle regulating the world, created by God, and unchangeable. It can be understood through reason.
    • Positive law is created by states and citizens to ensure societal well-being. It mandates obedience for the good of the state.

    Other Natural Law Theorists

    • Socrates, an ancient Greek philosopher, believed natural law was essential to achieving true justice. Justice occurs when societal forces act in harmony for the whole good.
    • Plato, a student of Socrates, argued that humans are social by nature, cooperating to create the good life. Justice is harmony within the individual and society.

    Positive Law

    • Positive law focuses on laws created by the state. Its establishment is justified in terms of survival and order, rather than moral qualities.
    • Philosophers like Hobbes, Locke, Bentham, and Austin explored positive law.
    • Focuses on the state's role in maintaining order and security.

    Education and Law

    • Aristotle, a student of Plato, believed education was key: understanding good would lead to good actions.

    St. Thomas Aquinas

    • A Christian philosopher, he identified four kinds of law: eternal, natural, divine positive, and human positive law.
    • Eternal law is God's plan for the universe. Natural law is discoverable through reason. Divine positive law is revealed through scripture. Human positive law is created by humans.

    Modern Theories of Law

    • Legal Realism posits that law is shaped by the decision-making processes of judges and courts, more than just interpretations.

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    Description

    Explore the fundamental theories of law including jurisprudence, natural law, and positive law. Understand the philosophical perspectives of key theorists like Socrates and Plato. This quiz delves into the reasons behind legal structures and the morality of laws.

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