CJL3038 EXAM 2 QUESTIONS AND
ANSWERS. VERIFIED 2025/2026.
Legal Perspective:
Natural Law - ANS Law is...
A set of universal principles applicable to all societies across all times
(known to all societies, embraced by people. unchangeable and eternal. right thing vs wrong
thing to do.)
(NL)
Natural law is linked to... - ANS the Roman Catholic Church
-however there are universal values for all societies
ex: freedom from hunger, protection from abuse, access to education and healthcare
(NL)
4 categories of Natural Law - by St. Thomas Aquinas - ANS 1- Eternal Law (known to God)
2- Natural Law (Eternal and known to humans)
3- Divine Law (Revealed in scripture)
4- Human Law (Law enacted by societies)
(NL)
1 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
,Unjust Laws - ANS 3 Types of Unjust Law
-Laws intended to benefit lawmakers rather than the common good
-Laws intended to benefit society but that unfairly burden certain members of society
-Laws that go beyond the legal authority of the lawmakers
Legal Perspective: Legal Positivism - ANS Law is... (John Austin)
-The command of the sovereign
-command: order accompanied by a threat to impose something negative for disobedience
-Considering what is right and wrong is not relevant
(even an immoral law that is put into place should be obeyed)
(LP)
H.L.A. Hart - ANS A legal system has 3 types of secondary rules
-Criminal Statues (statements of rights and obligations)
-Rules of Change (how rules are modified)
-Courts (determination for if rules are violated)
(LP)
Characteristics - ANS -"pure theory of law"
-Provide very clear understanding as to what is and what isn't law
Legal Perspective: Utilitarianism - ANS Law...
Should maximize the greatest good for the greatest number
-based on notion that individuals act to maximize their pleasure and minimize pain
(U)
2 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
, Legal Instrumentalism - ANS Law should be designed to reach certain goals and purposes
ex: parking
(U)
Cesare Beccaria - ANS -Criminal sanctions should be proportional to the offense and should
be a deterrence for crime
(punishment should not be for pain and suffering or revenge)
-Effective punishment is severe, swift and certain (the punishment should slightly outweigh the
pleasure of crime)
Legal Perspective: The Categorical Imperative - ANS "act in such a way that you always treat
humanity, whether in your own person or in the person of any other, never simply as a means,
but always as at an end" - Kant (we should treat everyone with respect b/c they are rational)
-dictated by reason rather than emotion and impulses
-was presented as an alternative to Utilitarianism (people are ends to themselves instead of
means to an end)
Legal Perspective: Historical School - ANS Law is... based on the historical development of
society
ex: food safety inspection
-Rejects the idea of natural law and legal pluralism
(H.S.)
Characteristics - ANS -All societies evolve in the same way and follow the same patterns
-As society evolves, powerful families begin to lose power (ex: status --> contract. ex: serfs and
slaves)
-Industrialization leads to shift from privilege to inherited status to equality and opportunity
-As society develops, there is a lesser need for government other than public safety
3 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
ANSWERS. VERIFIED 2025/2026.
Legal Perspective:
Natural Law - ANS Law is...
A set of universal principles applicable to all societies across all times
(known to all societies, embraced by people. unchangeable and eternal. right thing vs wrong
thing to do.)
(NL)
Natural law is linked to... - ANS the Roman Catholic Church
-however there are universal values for all societies
ex: freedom from hunger, protection from abuse, access to education and healthcare
(NL)
4 categories of Natural Law - by St. Thomas Aquinas - ANS 1- Eternal Law (known to God)
2- Natural Law (Eternal and known to humans)
3- Divine Law (Revealed in scripture)
4- Human Law (Law enacted by societies)
(NL)
1 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
,Unjust Laws - ANS 3 Types of Unjust Law
-Laws intended to benefit lawmakers rather than the common good
-Laws intended to benefit society but that unfairly burden certain members of society
-Laws that go beyond the legal authority of the lawmakers
Legal Perspective: Legal Positivism - ANS Law is... (John Austin)
-The command of the sovereign
-command: order accompanied by a threat to impose something negative for disobedience
-Considering what is right and wrong is not relevant
(even an immoral law that is put into place should be obeyed)
(LP)
H.L.A. Hart - ANS A legal system has 3 types of secondary rules
-Criminal Statues (statements of rights and obligations)
-Rules of Change (how rules are modified)
-Courts (determination for if rules are violated)
(LP)
Characteristics - ANS -"pure theory of law"
-Provide very clear understanding as to what is and what isn't law
Legal Perspective: Utilitarianism - ANS Law...
Should maximize the greatest good for the greatest number
-based on notion that individuals act to maximize their pleasure and minimize pain
(U)
2 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
, Legal Instrumentalism - ANS Law should be designed to reach certain goals and purposes
ex: parking
(U)
Cesare Beccaria - ANS -Criminal sanctions should be proportional to the offense and should
be a deterrence for crime
(punishment should not be for pain and suffering or revenge)
-Effective punishment is severe, swift and certain (the punishment should slightly outweigh the
pleasure of crime)
Legal Perspective: The Categorical Imperative - ANS "act in such a way that you always treat
humanity, whether in your own person or in the person of any other, never simply as a means,
but always as at an end" - Kant (we should treat everyone with respect b/c they are rational)
-dictated by reason rather than emotion and impulses
-was presented as an alternative to Utilitarianism (people are ends to themselves instead of
means to an end)
Legal Perspective: Historical School - ANS Law is... based on the historical development of
society
ex: food safety inspection
-Rejects the idea of natural law and legal pluralism
(H.S.)
Characteristics - ANS -All societies evolve in the same way and follow the same patterns
-As society evolves, powerful families begin to lose power (ex: status --> contract. ex: serfs and
slaves)
-Industrialization leads to shift from privilege to inherited status to equality and opportunity
-As society develops, there is a lesser need for government other than public safety
3 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
