GOVT 345 Quiz 3

GOVT 345 Quiz 3 Liberty University

GOVT 345 Quiz 3: Legal Positivism

1. Raz is a soft positivist willing to incorporate moral considerations so long as they are part of the posited body of laws.
2. Dworkin’s ideas touch not only the discipline of law but reach morality, rights, economics, politics, and even literary theory.
3. Logical positivism has a supernaturalistic ontology and intuitional epistemology.
4. Raz’s sources thesis is a claim that the existence and content of law can always be determined by reference to its sources without recourse to moral argument.
5. Ronald Dworkin’s ideas are called Constructivism, Interpretivism, or Constructive Interpretivism.
6. Dworkin’s philosophy of law is a continuation of Austin and Kelsen.
7. Calculating aggregate happiness is an easy objective endeavor.
8. At the top of Kelsen’s hierarchy is the basic norm or the Grundnorm.
9. Given his approval of Hart’s legal positivism, it was only tting that Dworkin succeeded Hart as Chair of Jurisprudence at Oxford.
10. Aristotle would have approved of the utilitarian denition of happiness as pleasure.
11. For Dworkin, a judge considers the competing principles and then willy-nilly decides which one is governing.
12. According to Dworkin, judges decided hard cases by referring to the foundation principles or policies.
13. John Stuart Mill is the founder of utilitarianism.
14. Auguste Comte had a rationalistic faith in the ability of the scientic method to remedy social problems.
15. John Stuart Mill equated happiness with pleasure (but the latter is not necessarily synonymous with hedonism in the modern sense).
16. For Austin, law is a command of the sovereign that carries a threat of sanction.
17. Comte founded a secular religion called the “Religion of Humanity”.
18. For Kelsen, each rule creates a normative ought and gets its validity from another, higher norm.
19. Legal positivism can be called the “ruling theory of law”.
20. Legal positivism borrows much from logical positivism but rejects empiricism.

Set 1

1. John Stuart Mills’ Utility Principle is also called the Pragmatic Efficiency Principle
2. Dworkin agrees with Hart: judges routinely fill the gaps and thus are second-tier legislators.
3. Raz is a soft positivist willing to incorporate moral considerations so long as they are part of the posited body of laws.
4. For Austin, law is a command of the sovereign that carries a threat of sanction.
5. One major problem natural lawyers have with utilitarianism is its equating justice and expedience. Sometimes justice is decidedly not expedient.
6. Auguste Comte had a rationalistic faith in the ability of the scientific method to remedy social problems.
7. John Stuart Mill equated happiness with pleasure (but the latter is not necessarily synonymous with hedonism in the modern sense).
8. At the top of Kelsen’s hierarchy is the basic norm or the Grundnorm.
9. Legal positivism borrows much from logical positivism but rejects empiricism.
10. Comte founded a secular religion called the “Religion of Humanity”.
11. Ronald Dworkin’s ideas are called Constructivism, Interpretivism, or Constructive Interpretivism.
12. Logical positivism has a supernaturalistic ontology and intuitional epistemology.
13. Calculating aggregate happiness is an easy objective endeavor.
14. Austin’s analytical jurisprudence based on concepts such as legal right and duty were predominant until Hart came along.
15. For Dworkin, law is indeterminate. There is never a right answer to a hard case.
16. For Kelsen, each rule creates a normative ought and gets its validity from another, higher norm.
17. The “rule of recognition” is a basically a social meta-rule that validates the law-making process and the rules that emerge from that process.
18. John Stuart Mill is the founder of utilitarianism.
19. Dworkin’s constructivism holds that law is more than just command and rules but also includes principles and policies.
20. L. A. Hart wholeheartedly embraced and then built upon Austin’s sovereign-command-sanction model.

Set 2

1. According to Dworkin, two fundamental principles that govern how judges decide hard cases are utility and efficiency.
2. Raz’s sources thesis is a claim that the existence and content of law can always be determined by reference to its sources without recourse to moral argument.
3. Bentham set out to found legal positivism.
4. Austin’s analytical jurisprudence based on concepts such as legal right and duty were predominant until Hart came along.
5. For legal positivist, law is a matter of facts and social conventions.
6. Calculating aggregate happiness is an easy objective endeavor.
7. For Dworkin, law is indeterminate. There is never a right answer to a hard case.
8. John Stuart Mill equated happiness with pleasure (but the latter is not necessarily synonymous with hedonism in the modern sense).
9. Dworkin referred to his theory as a natural law theory but there is just one problem. Dworkin says an unjust law may be morally invalid but may still be legally valid.
10. John Stuart Mill is the founder of utilitarianism.
11. For Austin, law is a command of the sovereign that carries a threat of sanction.
12. Bentham embraced metaphysical inquiries. It was the one element of the common law tradition he did not criticize.
13. Legal positivism can be called the “ruling theory of law”.
14. Comte founded a secular religion called the “Religion of Humanity”.
15. According to Dworkin, judges decided hard cases by referring to the foundation principles or policies.
16. One major problem natural lawyers have with utilitarianism is its equating justice and expedience. Sometimes justice is decidedly not expedient.
17. Given his approval of Hart’s legal positivism, it was only fitting that Dworkin succeeded Hart as Chair of Jurisprudence at Oxford.
18. Legal positivism borrows much from logical positivism but rejects empiricism.
19. Dworkin’s constructivism holds that law is more than just command and rules but also includes principles and policies.
20. Law is like literature, says Dworkin. It has setting, themes, characters, and a plot.

Set 3

1. Kelsen applied sociological and psychological methodology to the study of law.
2. At the top of Kelsen’s hierarchy is the basic norm or the Grundnorm.
3. Ronald Dworkin’s ideas are called Constructivism, Interpretivism, or Constructive Interpretivism.
4. John Stuart Mill is the founder of utilitarianism.
5. Dworkin’s philosophy of law is a continuation of Austin and Kelsen.
6. Given his approval of Hart’s legal positivism, it was only fitting that Dworkin succeeded Hart as Chair of Jurisprudence at Oxford.
7. L. A. Hart’s secondary rules are power-conferring rules.
8. For legal positivist, law is a matter of facts and social conventions.
9. John Stuart Mill equated happiness with pleasure (but the latter is not necessarily synonymous with hedonism in the modern sense).
10. Austin’s analytical jurisprudence based on concepts such as legal right and duty were predominant until Hart came along.
11. Raz’s sources thesis is a claim that the existence and content of law can always be determined by reference to its sources without recourse to moral argument.
12. For Kelsen, each rule creates a normative ought and gets its validity from another, higher norm.
13. Legal positivism borrows much from logical positivism but rejects empiricism.
14. According to Dworkin, two fundamental principles that govern how judges decide hard cases are utility and efficiency.
15. According to J. S. Mill, tension between justice and utility is the result of subjective emotionalism—simply what one “feels” is unjust.
16. Dworkin is the originator of the separability thesis.
17. The “rule of recognition” is a basically a social meta-rule that validates the law-making process and the rules that emerge from that process.
18. Auguste Comte had a rationalistic faith in the ability of the scientific method to remedy social problems.
19. According to Dworkin, judges decided hard cases by referring to the foundation principles or policies.
20. Aristotle would have approved of the utilitarian definition of happiness as pleasure.