Lju4801 legal philosophy Midterm questions and with accurate highlighted solutions available

legal philosophy Midterm Why does Aristotle think that practical reason is necessary in a system governed by the rule of law - ANS- describes law as reasoned thoughts embodied in the decrees of the state - reason acts as a type of wisdom that helps guide what people should do which can help with the common good How does the Stoic view of nature relate to natural law theory? - ANS- nature is reason, natural law is guided by reason - nature leads to peace - emotions can damage judgements somethings in nature can't be changed Aquinas' definition of law - ANSLaw is a certain ordinance of reason for the common good, made by him who has care of the community and promulgated - law is made to help people - consists of eternal(ordering of the universe, God), natural(part of eternal law:reason), positive(human law) and divine law(what guides people to heaven) How is Hobbes' conception of sovereignty a refutation of traditional natural law theory? - ANS- people are not guided by reason but by self preservation by following that what the sovereign says is just. - sovereign has absolut power What animated Comte's scientific positivism and Austin's legal positivism? - ANS-the idea of observable experiences - must be grounded in experiences and measurements - no knowledge of ends Austin's definition of law - ANSa command backed by threats Ordinary language philosophy - ANSa misunderstanding of language by philosophers - philosophers like hart and austin define every part of their definitions Difference between "rule" and "behaving as a rule" - ANSa rule is used as guide or as a justification - a rule can make an obligation - behaving as a rule is more a habit