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JURI 300 > quiz 2 > Flashcards

quiz 2 Flashcards

1
Q

Critical legal studies

A

heavily influenced by marxist thought; views the law as a tool of opression by the ruling class to maintain power and perpetuate existing social inequality

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2
Q

Ronald Dowrkin

A

rejects positivism on every concievable level: law creates a norm and gives decision-makers guidance. If a judge violates these laws, they are considered unlawful

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3
Q

Determinism

A

your inclinations are “predetermined” and shaped by societal norms

Free-will is limited by social infrastructure

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4
Q

Constructive interpretation

A

aims to create the best possible outcome. Judges should implement their best understanding of justice when making decisions

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5
Q

Conventionalism

(precedes dworkin)

A

judges should apply the law objectively

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6
Q

Pragmatism

A

judges should be concerned with the consequences of their decisions

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7
Q

consequentialism

A

moral virtue of an action is judged by the consequences it produces

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8
Q

idealism

A

moral actors are guided by principles of right and wrong (deontological)

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9
Q

Gratian 1140 AD

A

customary law is a practice that wasn’t required but becomes required.
Law is divenly revealed
Divinely ordained law overrides constitutions; humanmade law contrary to God’s law is void

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10
Q

empiricism

A

the idea that an individual relies on sensory experience to formulate judgements/knowledge

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11
Q

Thomas Hobbes

A

people are evil, hence the need for a strong civil government

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12
Q

Legal positivism

A

morality should not limit the scope of law

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13
Q

the United Nations

A

founded in San Francisco, based in New York; not a sovereign entity (meaning it only has power to the extent it’s members give it power)

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14
Q

the UN Charter

A

refers to universal human rights in relation to their respective government

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15
Q

the Nuremberg trials

A

criticized as being “ad hoc” meaning the laws applied in the case existed for the purpose of that trial only

The law has to be preexisting no ex post facto laws

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16
Q

Knife example (The republic)

A

A man lends his knife to another. Before the lendee can return the knife, the lender goes mad. Raises moral questions about whether or not the knife should be returned. The legally correct choice would be to return it, the morally correct to withhold it (protect the lender from himself and others)

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17
Q

St. Augustine

A

Render unto caesar’s what is caesar’s and unto god what is god’s- advocated for the separation of the sacred from the secular

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18
Q

Thomas Aquinas

A

Christianity should influence the secular state (because it provides access to natural law)

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19
Q

Eternal law

A

Known only to God

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20
Q

Natural Law

A

discoverable through reason

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21
Q

Divine Law

A

revealed in scripture

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22
Q

Cicero

A

Roman lawyer; believed nature of law was derived from human nature; divine law is more important than human law

23
Q

```

John Finnis

A

pioneered modern theory of natural law; separates it from religion. Instead, natural law is an unchanging, universal rule. Law is not prescriptive.

Discoverable by reason

24
Q

US CONSTITUTION

A

is a modern source of natural law. Inherent rights exist for all people: life, liberty, and the pursuit of happiness.

25
Q

Friederich Hayek

A

economic philosopher; developed the knowledge problem. We have to acknowledge the limits of our own knowledge and learn from others; any endeavor is the product of a cooperative effort

26
Q

Premodern Stage of Knowledge

A

shifted from a belief in faith to a belief in progress

27
Q

eschatalogical

A

notions that death and judgement will eventually come… progress is ordained by God

28
Q

Aquinas

Premodern stage

A

tried to synthesize early Christian morality with ancient Greek philosophy

29
Q

Machiavelli

A

the secular state needs to be preserved; it is better to be feared than loved

30
Q

Luther

A

church is a human institution that has been corrupted, runs contrary to the word of God. As such, individuals should be responsible for their own salvation

31
Q

Modernism Stage

A

asserts that individuals can gain knowledge of the world

32
Q

Descartes

A

Ability to reason and by extension doubt is proof of existence.. Human mind is capable of knowledge bt not ultimate knowledge

33
Q

Transcendentalism

A

moral knowledge must be the result of careful reasoning

34
Q

The crisis stage

A

Nietzsche - asserts that people are driven by a quest for knowledge; however, fear of the unknown causes people to rely on faith to explain the unknown

Crisis of faith that ensued in the wake of darwin theory of evolution

35
Q

Civic Republicanism

A

Nations have life cycles and need virtuous leaders

36
Q

Individualism

A

championed by Toqueville and Jeremy Bentham. It places emphasis on the intrinsic worth of an individual. Favors the individual over state control

37
Q

Law as a science

A

Law is something humans can discover and change; rules are discovered through empirical and rational observation

38
Q

Sociology

A

How social institutions interact with one another

39
Q

Realism

A

what sociology can tell you about humanity and how to apply it; importance of psychology

40
Q

Legal Realists

A

realists believed that rules and principles were just post hoc justifications– meaning that judges’ legal explanations are made retroactively to justify a decision made based on faccts of case

41
Q

HLA Hart

A

was a legal positivist who believed that there is no necessary connection between law and morality

42
Q

Modern source of Natural Law

A

Constitution premised upon inherent human rights (the right to life liberty and the pursuit of happiness)

43
Q

Neo-Kantians

A

believed that individuals have the inherent right to live their life as they choose without interference of the state

44
Q

Will theory

A

views rights as tools people can exercise

45
Q

interest theory

A

right to not have someone’s rights violated

46
Q

Distributive Justice

A

fair distribution of benefits among a society

47
Q

Corrective Justice

A

compensation for wrongs done to individuals

48
Q

Retributive Justice

A

punishes wrongdoers

49
Q

Comparative Justice

A

treating like cases alike

50
Q

Rights

A

entitlements protected by law: Claims, privileges, powers, and immunities

51
Q

Harm principle

A

the only instance in which a state can limit the action of an individual is when it is to prevent the harm of others

52
Q

offense principle

A

the law can regulate offensive behavior, even if it isnt harmful

53
Q

Christopher Columbus Langdel

A

Legal formalist, believed that law was a science. Excludes many social considerations and believes that judges should consider only the law and the facts.

JURI 300 (1 decks)

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