Name That Philosopher
A government evaluates a law by asking whether it increases happiness and reduces suffering. Whose philosophy is it using?
Jeremy Bentham’s utilitarianism.
An offender repairs property they damaged and meets with the victim to discuss the harm. Which approach to justice does this reflect?
Restorative justice.
Was Hammurabi’s Code mainly associated with restorative or retributive justice?
Retributive justice.
A customer sues a business for failing to honour an agreement. Is this primarily a criminal or civil matter?
A civil matter involving contract law.
A court decides what a law means in a dispute. Which branch is performing this role?
The judicial branch.
A ruler violates citizens’ rights to life, liberty, and property. Which philosopher would support their right to replace that government?
John Locke.
What would Bentham examine when deciding whether a punishment is justified?
Whether its benefits, such as preventing harm, outweigh the suffering it causes.
Which modern legal principle conflicts with punishments that depend on a person’s social class?
Equality before the law.
Police detain someone without a lawful basis. Which legal protection allows a court to review the detention?
Habeas corpus.
What is the main purpose of committee study during the passage of a bill?
To examine the bill in detail and consider evidence and amendments.
A law benefits the ruler but harms the community. Why would Aquinas consider it unjust?
It serves private interests instead of the common good.
Why might Aristotle argue that giving everyone the same reward is not always just?
Justice considers relevant differences, such as merit or contribution; equal rewards are not always fair.
How did the Magna Carta challenge the idea that a ruler had unlimited authority?
It placed legal limits on the ruler’s power.
Why does following precedent help the legal system?
It promotes consistency and predictability when similar cases are decided.
Has a federal bill become law immediately after the House of Commons passes it? Explain.
No. Both the House of Commons and Senate must pass the same text, and it must receive Royal Assent.
Why did Plato believe philosophers were best suited to rule?
Their wisdom and knowledge of the good would help them make just decisions.
A law benefits most citizens but violates a minority’s rights. Identify a possible disagreement between Bentham’s and Locke’s approaches.
A utilitarian approach weighs overall happiness and suffering. Locke’s approach emphasizes protecting natural rights, even when violating them would benefit the majority.
How could the Napoleonic Code make laws more consistent while still being unjust?
Consistent written rules could still discriminate, such as by limiting women’s rights.
A government official claims that their position allows them to ignore the law. Which principle does this violate, and why?
The rule of law, because government officials are also subject to the law.
Put these stages in order: third reading, first reading, report stage, second reading, committee study.
First reading → second reading → committee study → report stage → third reading.
How do Locke and Rousseau differ in their emphasis on what makes government legitimate?
Locke emphasizes consent and protecting natural rights. Rousseau emphasizes collective self-government and the general will.
Does a majority vote automatically make a law consistent with Rousseau’s general will? Explain.
No. The general will concerns the common good, while a majority may pursue its own interests at others’ expense.
Identify one similarity and one difference between Hammurabi’s Code and the Napoleonic Code.
Similarity: Both organized laws into written codes. Difference: Hammurabi’s Code is associated with harsh, status-based punishments; the Napoleonic Code unified civil law and regulated matters such as property and family relationships.
A judge finds an earlier decision, but the facts of the current case are significantly different. Must the judge apply that decision in exactly the same way? Explain.
No. The judge may distinguish the earlier case because its materially different facts make the precedent inapplicable.
Match each action to a branch: passing a statute, administering it, and interpreting it in a court case.
Passing: legislative.
Administering: executive.
Interpreting in court: judicial.