Untitled Quiz

What are the two senses of law?

What does the descriptive sense of law focus on?

According to Hans Kelsen, a law that fails to regulate political and social life is defective.

What is the primary purpose of politics?

What is law defined as?

What does the primitive view of politics focus on solving?

What is law defined as in terms of its function?

What does the example of Nazi Germany illustrate about the nature of law?

According to John Searle, what are the two types of rules?

How do regulative rules differ from constitutive rules?

The action regulated by regulative rules must exist before the rule is introduced.

What is the primary element of constitutive rules?

Freedom is limited by regulative rules, but not by constitutive rules.

What key question concerning the Constitution relates to the division between regulative and constitutive rules?

According to John Searle, the Constitution can be considered both a regulative and a constitutive rule.

Rights are considered constitutive rules because they define the limits of freedom, but not as regulative rules.

What is the primary topic of debate concerning law?

What is the core question addressed in the dilemma of Lex and Phil?

What are the two main solutions to the dilemma of Lex and Phil?

What is the Grundnorm, according to Hans Kelsen?

What is the core principle of Legal Positivism?

What are the three principles of legal positivism, according to Thomas Hobbes?

What are the five key assumptions of Legal Positivism?

What is the key difference between 'justice' and 'just' in the context of natural law?

According to Thomas Hobbes' Contract Theory, justice and injustice are determined by laws created by the sovereign.

Hobbes believed that the state of nature is a state of peace and harmony.

What is the primary reason for the existence of the state of nature according to Hobbes?

What is the key feature of the sovereign in Hobbes' theory?

What is the ultimate source of conflict in the state of nature according to Hobbes?

Humans have the power and capacity to make moral judgments in the state of nature, according to Hobbes.

Thomas Hobbes believed that the sovereign power is absolute and limitless.

According to John Austin's Command Theory of Law, all laws must be backed by sanctions.

John Austin believed that laws should be based on moral principles.

H.L.A. Hart argued that the concept of sovereign's habitual obedience is problematic to explain the source of law.

What is the primary argument that H.L.A. Hart raises against John Austin's Command Theory of Law?

H.L.A. Hart's criticism of John Austin's theory focuses on what key element of the theory?

Both John Austin and H.L.A. Hart believed that the source of law lies in the sovereign's power.

According to H.L.A. Hart, primary rules govern behavior, while secondary rules govern the creation and enforcement of primary rules.

What are three types of secondary rules, according to H.L.A. Hart?

What is the primary function of H.L.A. Hart's Rules of Recognition?

H.L.A. Hart argued that the legal system rests on the foundation of primary rules, as opposed to the traditional view of the sovereign's power.

John Locke borrowed from Thomas Hobbes' what idea to develop his theory of Natural Law?

What is Locke's primary focus in his theory of Natural Law?

What is Locke's State of Nature characterized by?

According to Locke, humans are born with the inherent capacity to judge what is right and wrong.

John Locke's theory of Natural Law emphasizes the importance of a sovereign authority for the protection of individual rights.

Locke believed that the state of nature is a state of war.

According to Locke, the existence of the state of nature necessitates the existence of a sovereign authority for the protection of individual rights.

What is the primary reason that individuals leave the state of nature to form a society, according to Locke?

The state's legitimacy is dependent on the protection and preservation of individual rights in Locke's theory.

In Locke's theory, the sovereign authority is considered to be above the law.

Locke believed that individuals have an absolute right to rebel against a government that violates their natural rights.

According to Locke, the primary purpose of government is to protect the individual's conception of the good.

Ronald Dworkin's view of the Constitution is similar to a set of rules, as opposed to a collection of principles.

Ronald Dworkin's view of the Constitution is considered to be a form of anti-positivism.

What is the primary distinction between Dworkin's 'principles' and 'rules' in the context of law interpretation?

According to Ronald Dworkin, the interpretation of law requires balancing competing principles, as opposed to applying strict rules.

Dworkin's legal philosophy is based on the idea of "original intent" or "originalism", where the interpretation of the law is guided by the original intent of the lawmakers.

Dworkin's legal philosophy emphasizes the importance of moral reasoning and judgment in the interpretation of law.

Dworkin's "living constitutionalism" approach emphasizes the importance of a flexible and evolving interpretation of the Constitution.

What is the primary distinction between public law and private law?

What are some key examples of public law?

What are some key examples of private law?

The concept of public law has been consistent throughout history, without significant changes in its focus and scope.

What is the central distinction between public law and private law in Roman Antiquity?

What were two major areas of focus in medieval law?

The focus of modern public law has shifted to understanding the relationship between individuals and the state.

The concept of “popular sovereignty” emphasizes individual rights and due process.

“Democratic” governments prioritize collective will over individual rights.

Hans Kelsen's theory of norms emphasizes the content of norms, as opposed to their form.

What is the primary focus of Hans Kelsen's 'Stufenbau' or Hierarchy of Norms?

According to Hans Kelsen, the Grundnorm is a concrete and empirically verifiable principle.

According to Hans Kelsen, the state is a political organization that is organized based on principles.

What is the key difference between a political organization and a legal order, according to Hans Kelsen?

Kelsen believed that the state should be governed by a single, overarching principle.

According to Kelsen, changes to the legal system can only be made through legal means.

Kelsen believed that the law is the product of the people's will.

According to Carl Schmitt, the sovereign is the one who decides on the exception.

Carl Schmitt agreed with the concept of a “global legal order” as a positive development.

What is the primary challenge that a 'global legal order' poses, according to Carl Schmitt?

Schmitt believed that the constitution is a product of human will, rather than falling from trees.

According to Schmitt, the state exists before the constitution, and the constitution is a product of the state's creation.

Schmitt believed that the constitution is a mere product of political decision, rather than a reflection of shared values within society.

According to Schmitt, the constitution is a collection of legal rules.

Schmitt believed that the existence of the state presupposes the concept of the political.

According to John Rawls, the 'original position' is a hypothetical scenario where individuals are able to know their own personal status and social position.