Legal Philosophy Exam Questions and
Answers
Why does Aristotle think that practical reason is necessary in a system governed by the
rule of law - Answer-- describes law as reasoned thoughts embodied in the decrees of
the state
- reason acts as a type of wisdom that helps guide what people should do which can
help with the common good
How does the Stoic view of nature relate to natural law theory? - Answer-- nature is
reason, natural law is guided by reason
- nature leads to peace
- emotions can damage judgements
somethings in nature can't be changed
Aquinas' definition of law - Answer-Law is a certain ordinance of reason for the common
good, made by him who has care of the community and promulgated
- law is made to help people
- consists of eternal(ordering of the universe, God), natural(part of eternal law:reason),
positive(human law) and divine law(what guides people to heaven)
How is Hobbes' conception of sovereignty a refutation of traditional natural law theory? -
Answer-- people are not guided by reason but by self preservation by following that
what the sovereign says is just.
- sovereign has absolut power
What animated Comte's scientific positivism and Austin's legal positivism? - Answer--
the idea of observable experiences
- must be grounded in experiences and measurements
- no knowledge of ends
Austin's definition of law - Answer-a command backed by threats
Ordinary language philosophy - Answer-a misunderstanding of language by
philosophers
- philosophers like hart and austin define every part of their definitions
Difference between "rule" and "behaving as a rule" - Answer-a rule is used as guide or
as a justification
- a rule can make an obligation
- behaving as a rule is more a habit
What do norms do and why are they important? - Answer-- standards of behavior
among a group
Answers
Why does Aristotle think that practical reason is necessary in a system governed by the
rule of law - Answer-- describes law as reasoned thoughts embodied in the decrees of
the state
- reason acts as a type of wisdom that helps guide what people should do which can
help with the common good
How does the Stoic view of nature relate to natural law theory? - Answer-- nature is
reason, natural law is guided by reason
- nature leads to peace
- emotions can damage judgements
somethings in nature can't be changed
Aquinas' definition of law - Answer-Law is a certain ordinance of reason for the common
good, made by him who has care of the community and promulgated
- law is made to help people
- consists of eternal(ordering of the universe, God), natural(part of eternal law:reason),
positive(human law) and divine law(what guides people to heaven)
How is Hobbes' conception of sovereignty a refutation of traditional natural law theory? -
Answer-- people are not guided by reason but by self preservation by following that
what the sovereign says is just.
- sovereign has absolut power
What animated Comte's scientific positivism and Austin's legal positivism? - Answer--
the idea of observable experiences
- must be grounded in experiences and measurements
- no knowledge of ends
Austin's definition of law - Answer-a command backed by threats
Ordinary language philosophy - Answer-a misunderstanding of language by
philosophers
- philosophers like hart and austin define every part of their definitions
Difference between "rule" and "behaving as a rule" - Answer-a rule is used as guide or
as a justification
- a rule can make an obligation
- behaving as a rule is more a habit
What do norms do and why are they important? - Answer-- standards of behavior
among a group
