Pure Theory
What is at the apex of the hierarchy of legal norms?
Basic Norm or Gerundnorm
Interpretivism is a thesis about ______
The grounds of law (legal rights and obligations)
What famous avenue did I use to illustrate a Type 1 disagreement?
Commonwealth Avenue
Who was the Ponente for the infamous case of Javellana v. Executive Secretary?
Former Chief Justice Roberto Concepcion
What is the full name of the proponent of Pure Theory of Law?
Hans Kelsen
According to Legal Interpretivism hat modifies legal rights and obligations?
Institutional practice
What Case did we use to present an example of a type 2 disagreement?
Tan-Andal v. Andal
What year was Republic v. Molina decided on?
1997
What is the other term for Pure Theory of Law?
The Normative Theory
This view posits that legal rights and obligations come into existence because of institutional action.
Orthodox view
What type of legal dispute is where Legal actors such as lawyers or judges express different views about “what the law is” despite full agreement about all of the relevant empirical facts?
Type 2 Legal Disputes or Bedrock Legal Issues
What year was, US v. Sy-Tay, G.R. No. L-1 decided?
1901
What was the principle of Hume that was used by Kelsen to explain the grundnorm?
Principle of "ought" and "is".
Hybrid Interpretivism
What is the Full name of Dworkin?
Ronald Dworkin
Who was the Ponente for the case of Republic v. Sandiganbayan and General Ramas?
Give one criticism of the Pure Theory of Law.
Grundnorm is vague and confusing.
Kelsen accepted indirectly morality as a part of the law's effectiveness.
Kelsen attempted to change the law into a science, a theory that could be understood through logic, but on the other hand, he emphasized the validity of the grundnorm to “assumed”, rather than based on some “logic”.
Kelsen’s pure theory is without any sociological foundation as it excludes all social facts and needs of the society.
It sees the law as a result of ongoing interactions between institutions and morality.
Pure interpretivism
Who is the philosopher who was quoted at the end of the Presentation?
Friedrich Nietzsche
How many CDASIA pages are there in the main decision of Tan-Andal v. Andal?
Answers + or - 3 are accepted
34