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GOVT 345 Quiz 8
GOVT 345 Quiz 8 Liberty University To the critical legal theorist, social structures are fundamentally fair. Critical legal theory is critical of metanarratives. Critical legal theory is about the metanarrative or perhaps even questions the existence of any metanarrative. Radical and liberal feminists believe patriarchal oppression is alive and well in the West. The critical…
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GOVT 345 Quiz 7
GOVT 345 Quiz 7 Liberty University Hobbes was correct. The natural law theory is nothing but a justification for rebellious dissenters. The consent justification for obedience says consent is convenient but probably fiction; most do not give their express consent to law. The hard position of retribution is deontological because it deems the consequences to…
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GOVT 345 Quiz 6
GOVT 345 Quiz 6 Liberty University “I must study to pass the exam” is a hypothetical imperative because the duty springs from the purpose. In Aristotle’s lexicon, universal justice meant a person is acting lawfully and fairly. Kant’s central inquiry is—“Would I will that all act in this manner?” Utilitarianism is inherently deontological. The Interest…
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GOVT 345 Quiz 5
GOVT 345 Quiz 5 Liberty University Set 1 Hoebel and Llewellyn’s study of the Algonquin is considered an historical achievement but failed to make any distinction between law and other forms of social regulation. Perhaps the biggest criticism of Maine is that he was too elitist. He had an elitist perspective and gave the elite…
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GOVT 345 Quiz 4
GOVT 345 Quiz 4 Liberty University Set 1 Weber’s Traditional Authority means that people are following an inspirational leader. To Durkheim, the penal laws of primitive societies are more human and enlightened. Llewellyn opposed stare decisis as an imagination limiting custom. For Marx, the law in bourgeois society is determined by the proletariat. A right,…
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GOVT 345 Quiz 3
GOVT 345 Quiz 3 Liberty University Set 1 According to Dworkin, two fundamental principles that govern how judges decide hard cases are utility and efficiency. 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. Bentham set out…
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GOVT 345 Quiz 2
GOVT 345 Quiz 2 Liberty University Set 1 The Torah presupposes natural law, specifically in Deuteronomy 4:8 where God assumes the Israelites already have a basis for judging his law “righteous”. On the road called natural law tradition, Richard Hooker is like a bridge connecting John Locke and Jefferson to Aristotle and Aquinas. Aquinas’s four-part…
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GOVT 345 Quiz 1
GOVT 345 Quiz 1 Liberty University Mercy is rarely a topic in jurisprudence and thus may be safely ignored by Christians. Mercy is rarely a topic in jurisprudence and thus may be safely ignored by Christians. Classical liberalism such as the American constitutional order emphasizes liberty properly defined. An overly cynical view of the law…