create incentives for individuals to take an active part in the legal system and to ensure that government provides avenues for such individual participation in lawmaking

Subject: Law    / General Law

Answering the following True or False and multiple choice questions

According to Jeremy Waldron, Lon Fuller believed the Rule of Law was important as a:
a.

procedural safeguard to promote justice in the legal system
b.

fundamental aspect of distributive justice
c.

historical concept that created a separation between US and British laws

John Locke is known for his writing on positive law in The Leviathan.

True or False

The phrase “the rule of law not men” is a phrase used to describe a particular way to organize and administer a political system: It is a notion of a populace governed by general principles, and not the whims of a particular person, or groups of people.

True or False

The Rule of Law is a concept most associated with the promotion of procedural justice – where the laws apply equally to everyone in society – in its modern formulation.

True or False

In the play Antigone, Creon’s conception of the “Rule of Law” is driven by his desire to enforce order on his society according to his own decrees.

True or False

The Natural Law tradition is concerned with articulating universal moral principles that may derive from either theological sources (religious texts) or secular sources (human reason).

True or False

King John’s acceptance of the Magna Carta is not an example of a political system being premised on the Rule of Law.

True or False

When we talk of “the Spirit of the Law” we are referring to understanding the political power of the parties who interpret the law.

True or False

In the Crito, when Socrates imagines the ‘Laws of Athens’ come to challenge him in jail, the ‘Laws’ accuse Socrates of breaking a tacit agreement to obey the laws because:

a. Socrates had signed a pledge to obey the laws of athens
b. Socrates had benefitted throughout his life from the stable social order provided by the legal system of Athens.c. Socrates had been a judge, and Athenian judges had a special duty to uphold even the most draconian laws.

According to Jeremy Waldron, the twin purposes of the Rule of Law are to:
a.

Insure that social justice and distributive result from procedural justice
b.

place a check on abuse government power and provide a framework for our private freedom
c.

create incentives for individuals to take an active part in the legal system and to ensure that government provides avenues for such individual participation in lawmaking

Lon Fuller wrote about the Rule of Law that:
a.

Laws should be unchanging once the Supreme Court has ruled
b.

Laws should be something left to legally trained professionals to read
c.

Laws should be made available for the general public to have access to.

Which of the following legal theorists is NOT in the tradition of ‘English Legal Positivism’ first articulated by Thomas Hobbes:

a. Jeremy Bentham

b. John Austin

c. Max Weber

d. HLA Hart

Lon Fuller’s “inner morality” of law refers to:
a.

the social issues that create an overlap between law, politics and morality
b.

the immutable laws of nature that someone like Antigone champions
c.

the various procedural rules in the political and legal systems that lead to the “self-application of the law” by individuals in a society

For John Locke, the metaphor of the ‘State of Nature’ is used to:

a. So that you can imagine how society operates without formal government

b. To encourage individuals to start a ‘Back to Nature’ movement

c. To make a case for individuals to pay more attention to Natural Law

In Locke’s conception of the ‘State of Nature’ natural law:

a.

Did not exist
b.

Played a central role in the relations between individuals
c.

Was incapable of being understood by most people


 

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