exam 2

Question 1

In what two ways does Hart suggest that a person having been obliged to do something is distinguishable from their having had an obligation to do that thing

Question 2

What does Hart identify as the only circumstance in which rules impose obligations

Question 3

What does Hart define as primary rules; what does he define as secondary rules

Question 4

When does a primitive system become a legal system according to Hart

Question 5

What does Hart consider the three main characteristics of obligations

Question 6

What does Hart consider a primitive community to be

Question 7

What does Hart consider the three requirements for primitive communities to persist

Question 8

What does Hart identify as the three defects of character of rules in primitive communities and how does he suggest each is remedied

Question 9

What according to Hart does legal validity rely upon, and how does it relate to legal efficacy

Question 10

According to Hart, who must accept the validity of the rule of recognition, and who must merely comply with it

Question 11

According to Hart, on what fact does the existence of a legal system depend, and in what circumstances can this fact cease to be

Question 12

According to Hart, in what way can the ambiguity of legislation be resolved by precedent, and in what way can it be resolved by the legislation itself

Question 13

According to Hart, in what two ways can the generality of law be achieved, and in what way does each risk creating ambiguity

Question 14

What is formalism, and how does it relate to legal uncertainty

Question 15

What is rule scepticism, and because of what three facts does it arise according to Hart; what counterarguments does Hart offer for each

Question 16

What THREE arguments does Hart make against the central claim of rule scepticism, and what two counterarguments would a rule sceptic make against one of them

Question 17

How does the relationship between courts and parliament create an apparent inconsistency for the rule of recognition, and what counterargument does Hart offer

Question 18

What does Hart identify as the four features of moral rules which distinguish them from law, and what does each involve; what is a possible fifth feature which Hart argues against

Question 19

What does Hart identify as the six similarities which moral rules and legal rules share

Question 20

According to Hart, justice consists of what two precepts; what three examples does Hart give where the general good will require that these precepts be set aside

Question 21

What perspective does Hart consider natural law as deriving from; what five characteristics does he consider as justifying the minimum content of natural law

Question 22

What six forms does Hart view the claim that the content of natural law must go beyond the minimum necessary for human survival as taking, and what does each involve

Question 23

In what two ways does Hart consider international law analogous to municipal law, and in what way does he distinguish them; what conclusion does he reach about international law based on this

Question 24

According to Dworkin, what are the differences between arguments of policy and arguments of principle; when should courts use each, and why; what counterargument is made to this, and how does Dworkin respond

Question 25

What does Dworkin consider a political right, and a political goal, and what is the relationship between them; what theories blur the line between them, and what counterarguments does Dworkin present to this

Question 26

How does Dworkin distinguish rights in terms of their legal recognition, and in terms of how they are weighed against other aims; what is the relationship between these two categories, and what two concepts does he view as central for one of the types of rights

Question 27

What process does Dworkin consider ideal for judges reasoning through hard cases, when the existence of a right is unclear, and when the existence of the right is clear but it’s relevance to a present issue is not; how should they deal with precedent; how should they rely on their personal convictions; how does Dworkin view Hart’s process

Question 28

According to Dworkin, when can governments legitimately limit people’s moral rights and in what three ways might this occur; when can they not limit moral rights and why; does he think people have a legal duty to obey laws which illegitimately limit moral rights, and why

Question 29

According to Dworkin, what two forms can the ‘no right answers’ view of law take, and what does he make of each of them

Question 30

How does Holmes construe the law, and legal duties and rights, and how does he justify this view

Question 31

How does Holmes distinguish law and morality

Question 32

What does Holmes view as the primary determinant of the state of the law; what issues does he identify with this, and what does he argue for as an alternative

Question 33

How does Alexander distinguish a simple minded originalist, a pure textualist, and an OPM proponent when it comes to interpreting the meaning of a text

Question 34

According to Alexander, what three issues with simple minded originalism does OPM purport to address, and what counterarguments does Alexander make

Question 35

What three issues does Alexander identify with pure textualism and OPM that simple minded originalism does not have

Question 36

Why does Fish prefer originalism/intentionalism over pure textualism and OPM

Question 37

According to Fish, what two conclusions lead from intentionalism, and why does he view it as necessary for interpretation

Question 38

According to George, what do theories of natural law do

Question 39

How does George characterise his theory of natural law, and to what does he ascribe its authority; how does he view the status of unjust laws

Question 40

According to George, how does natural law justify laws without moral character, and what does this necessitate for how judges rule

Question 41

According to Finnis, what are basic forms of good, and what are the seven forms; how does he view other forms of good; how do they relate to antisocial values; how do they relate to the theory of pleasure as the only true value

Question 42

Acccording to Fuller, what are the eight ways in which the formation of law can fail, and what is the effect of such failures

Question 43

According to Fuller, in what way is the morality of law natural law, and why; what value is it based on as natural law; in what way is it moral

Question 44

Acccording to Gordon, in what three ways are legal discourses discourses of power; what are the effects of this

Question 45

According to Gordon, in what three ways does critical legal studies subvert mainstream legal discourses

Question 46

According to Barnes, what are the three core features of ccritical race scholarship