Units 2-3 Concepts of Law

Question 1

Decision Making (7)

Answer 1

1) discretion
2) strategy
3) tactic
4) tenacity
5) authority
6) a priori
7) scientific method

Question 2

Concepts of Law (6)

Answer 2

1) foundation
2) purpose
3) argument
4) flexibility
5) judging
6) discretion

Question 3

wolfden report

Answer 3

1957 UK - legalized private acts of prostitution and homosexuality

Question 4

Kohlbergs Moral Stages

Answer 4

1) Preconventional
-satisfy individual needs
-avoid punishment
2) Conventional
-be kind
-respect authority
3) Postconventional
-advocate for values
-follow ethical principles

Question 5

Social Contract Theory

Answer 5

examines society without govt.
(we accept govt because we want…)
-protection (Hobbes)
-rights (Lawke)
-fairness (Rawles)

Question 6

Legitimacy

Answer 6

public willingness to accept laws and recognize authority

Question 7

Empiricism

Answer 7

belief that answers should be derived from data

Question 8

Steps of the scientific method

Answer 8

Make an observation
Gather background information
Create a hypothesis
Perform a test
Analyze the results/conclusion

Question 9

Private Morality

Answer 9

individual beliefs of right/wrong that guide our decisions

Question 10

Public Morality

Answer 10

the majorities views on what is right/wrong

Question 11

Idealism

Answer 11

evaluation decisions based on principles

Question 12

Pragmatism

Answer 12

evaluation decisions based on facts

Question 13

Interpretivism

Answer 13

based on the belief that reality is subjective and socially constructed
-laws not imposed from the outside

Question 14

Naturalism (Natural Law)

Answer 14

universal truths
-do not account for morality
-true/right “because they are”

Question 15

Legal Paternalism

Answer 15

belief that laws exist to protect citizens

Question 16

Legal Realism

Answer 16

judicial actors (judges/cops) create laws
-“it is what it is” mindset

Question 17

Everyday Pragmatism

Answer 17

belief that law comes from the consent of the people

Question 18

Paradigms

Answer 18

world views used to make decisions

Question 19

Jurisprudence

Answer 19

academic/philosophical study of the law

Question 20

Legal Principle

Answer 20

theory of why things are prohibited
-can affect legitimacy

Question 21

Harm Principle

Answer 21

society should only concern itself with actions that directly harm others

Question 22

Patrick Devlin

Answer 22

(Moralism) Believed laws should be based on public morality

Question 23

HLA Hart

Answer 23

Positivism: laws should be based on facts/stats

Question 24

A priori

Answer 24

assumption based on reasoning