Legal Philosophy Questions with Complete Solutions Graded A+

Why does Aristotle think that practical reason is necessary in a system governed by the rule of law? - -Practical reason is necessary-- reason tells us what to do -Good legal code is backed by reason and moral code -The goal is justice & virtue is the law -"Man is a political animal" -"Men, in order to be good, must partake in communal activities How does the Stoic view of nature relate to natural law theory? - -Stoic believed love and friendship are human weaknesses. -The big picture is that there is an all determining law of nature that we can see if we simply use our reason. Legal realism - -Legal realists maintain that common-law adjudication is an inherently subjective system that produces inconsistent and sometimes incoherent results that are largely based on the political, social, and moral predilections of state and federal judges Legal formalism - -Treats law as a science or math, body of rules - nothing more. Judge's job to apply these rules -The model holding (in contrast to legal realism) that legal decision makers dispassionately consider the relevant laws, precedents, and constitutional principles, and that personal bias has no part in decision making. Legal positivism - A school of legal thought centered on the assumption that there is no law higher than the laws created by a national government. Laws must be obeyed, even if they are unjust, to prevent anarchy. Hart - Positivist Aquinas' definition of law - -"A certain rule and measure of acts whereby man is induced to act or is restrained from acting." -In the first place to divine reason in the second place to human reason, when it acts correctly in accordance with the purpose or final cause implanted in it by God How is Hobbes' conception of sovereignty a refutation of traditional natural law theory? - -Rejects the idea of higher law -Accept established law and customs of their nations--even if oppressive, for sake of civil peace and security Austin's definition of law - -General order backed by a threat given be one generally obeyed -Sovereign must be internally supreme and externally independent -Imperative (command) theory Ordinary Language philosophy - -Hart -Look at the common characteristics that was shared by all systems of the law -You don't try to look for some metaphysical notion Difference between "rule" and "behaving as a rule" - -Being obliged/having an obligation -Law must have some relation to conduct that is obligatory -Bf/gf analogy in class What do norms do and why are they important? - -Social norms are generally defined as unwritten rules regarding how to act in specific situations -Classroom example -Social norms help people predict the actions of others without being subjected to random, chaotic human behavior. Gunman situation writ large - -Austin "the key to the science of jurisprudence" -The command theory Nullity as a sanction - -Hart refutes Austin--not al laws order people to do things 1. Power conferring rules 2. Not all laws are enacted 3. Not all laws are directed to others 4. Nor is all the expressions of legislators desire