Positivism
A theorist who believes law is best analyzed through examination of a hierarchy of norms.
Who is Hans Kelsen?
"lex iniusta non est lex" in English
What is "an unjust law is not law at all?"
To run or not to run
What is a red light?
The thinker Prof. Saito told us he thinks is attractive
Robert Nozick
The best TA
Me (:
a sovereign with de facto power who is obeyed by all others
What is the command theory?
One of John Finnis' basic goods
What is Life, Knowledge, Play, Aesthetic-experience, Sociability, Practical reasonableness, or Religion
According to Dworkin, how a decision is made in law
What is a "fit" and morality analysis?
The difference principle
What is social and economic inequalities are to be arranged so that they are both (a) to the greatest benefit of the least advantaged… and (b) attached to offices and positions open to all under conditions of fair equality and opportunity
One of my majors in undergrad
Conduct of an individual opposite iof what the law prescribes, and against whom sanction is provided.
A logical deduction of natural law
What is positive law?
According to M.B.E. Smith, something we don't have
A prima facie obligation to follow the law
In Rawl's "thought experiment," where parties are deprived of knowledge of their own conception of the good and social backgrounds to come to an agreed notion of justice
What is the original position (behind the veil of ignorance)?
What I try to find of each thinker
What are bad/dumb pictures?
The gray, ambiguous area of a legal rule where the application of language is uncertain
What is the Penumbra of Uncertainty?
According to Fuller, the correct lens to analyze the law
What is procedural natural law?
A justification for the right answer thesis
What is "better to pursue a “right” answer through judicial decisionmaking than judges resorting to legislative rationales"
What is voluntary choices and exchanges?
The two necessary and sufficient conditions for the Rule of Recognition
1.Valid rules must generally be obeyed.
2. The public must accept, as common standards of official behavior, its rule of recognition, as well as the rules of adjudication and the rules of change.
The three requirements to be a just law
1. Ordered to the Common Good
2. Has not exceeded authority
3. Imposed on citizens fairly
According to Dworkin, the purpose of law
what is constraining or justifying the exercise of government power
Communitarianism
Which principal believes justice also requires consideration on how it would help or hurt the broader society, along with individual concerns?
A cat who lives my dwelling
Who is Belle?