JURI 2990 Exam 1 – Questions With All Correct
Solutions
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Terms in this set (32)
What is an Essentially Contested A concept where the dispute over the meaning is at
Concept (ECC)? the center of the concept, not the edges. Because of
this, contest over the true meaning will never end or
find a solution. They must be normative, internally
complex, open to change, long standing, and
actually contested. An example is democracy.
Normative
Internally Complex
Open to change
Stemming from an exemplar or tradition
Actually contested
Is the Rule of Law an Essentially Yes, because the RoL is at its core contested and
Contested Concept? Why or why not? fulfills the other requirements. By saying something
follows the RoL there is a generally positive
association attached (normative), there are intense
debates over what even is required for the definition
in formal vs substantive schools, this debate is
ongoing and has experiences multiple large shifts in
which is the most widely accepted, but also some
points that are largely accepted-- primarily that the
formal requirements are mostly accepted. by
substantivists, and lastly that there is actual debate
occurring between the such as Fuller and Raz's
disagreements on the inherent morality of law.
, What are the 2 categories and 5 types 2 categories: Formal and Substantive
of RoL 5 types: Rule by law (anything that the govt does
comports with RoL), formal legality (a set of different
concerns that govts must follow, must be clear, can't
change too fast, no violations after laws, and law
must be capable of guiding its subjects), democracy
(RoL requires formal legality AND democracy,
democracy is a procedure), individual rights ( must
have limits on govt to have RoL, is NOT what we think
of as "rights"), social welfare (governments must
provide social welfare benefits in a way that is
consistent with RoL, guaranteeing due process)
How can Aristotles theory be Aristotle believed that the laws should apply to
described? What produced it? everyone equally and should be based on reason
rather than the arbitrary power of one person, and he
describes law as wisdom without desire. His
discussions of the rule of law came from discussion
of Absolute Monarchy and its contention as being
possibly contrary to nature.
Did the Magna Carta establish Rule of The magna Carta is widely cited as the first reference
Law? to a Rule of Law since it asserts that even the King is
subject to the law, and thus introducing concepts that
all people should be subjected equally under the
law. However, the Magna Carta only granted rights of
justice to Free Men.
Solutions
Save Groups
Terms in this set (32)
What is an Essentially Contested A concept where the dispute over the meaning is at
Concept (ECC)? the center of the concept, not the edges. Because of
this, contest over the true meaning will never end or
find a solution. They must be normative, internally
complex, open to change, long standing, and
actually contested. An example is democracy.
Normative
Internally Complex
Open to change
Stemming from an exemplar or tradition
Actually contested
Is the Rule of Law an Essentially Yes, because the RoL is at its core contested and
Contested Concept? Why or why not? fulfills the other requirements. By saying something
follows the RoL there is a generally positive
association attached (normative), there are intense
debates over what even is required for the definition
in formal vs substantive schools, this debate is
ongoing and has experiences multiple large shifts in
which is the most widely accepted, but also some
points that are largely accepted-- primarily that the
formal requirements are mostly accepted. by
substantivists, and lastly that there is actual debate
occurring between the such as Fuller and Raz's
disagreements on the inherent morality of law.
, What are the 2 categories and 5 types 2 categories: Formal and Substantive
of RoL 5 types: Rule by law (anything that the govt does
comports with RoL), formal legality (a set of different
concerns that govts must follow, must be clear, can't
change too fast, no violations after laws, and law
must be capable of guiding its subjects), democracy
(RoL requires formal legality AND democracy,
democracy is a procedure), individual rights ( must
have limits on govt to have RoL, is NOT what we think
of as "rights"), social welfare (governments must
provide social welfare benefits in a way that is
consistent with RoL, guaranteeing due process)
How can Aristotles theory be Aristotle believed that the laws should apply to
described? What produced it? everyone equally and should be based on reason
rather than the arbitrary power of one person, and he
describes law as wisdom without desire. His
discussions of the rule of law came from discussion
of Absolute Monarchy and its contention as being
possibly contrary to nature.
Did the Magna Carta establish Rule of The magna Carta is widely cited as the first reference
Law? to a Rule of Law since it asserts that even the King is
subject to the law, and thus introducing concepts that
all people should be subjected equally under the
law. However, the Magna Carta only granted rights of
justice to Free Men.
