• LJU4801 January/February Supplementary Exam Memo |
Due January/February 2026 | Legal Philosophy (UNISA)
,Question 1:
What is the primary concern of legal positivism?
A) The moral content of laws
B) The separation of law and morality
C) The inherent justice of laws
D) The social acceptance of laws
Correct Option: B
Rationale: Legal positivism asserts that law is a set of rules and regulations created by
human beings, and it emphasizes that the legitimacy of a law is not dependent on its
moral content.
Question 2:
Which philosopher is most associated with the concept of the "social contract"?
A) John Stuart Mill
B) H.L.A. Hart
C) Thomas Hobbes
D) Ronald Dworkin
Correct Option: C
Rationale: Thomas Hobbes is well-known for his formulation of the social contract
theory, particularly in his work "Leviathan," where he argues that individuals consent to
form a society and a government for mutual protection.
Question 3:
What is the main idea of natural law theory?
A) Laws are purely human constructs
B) Laws should reflect the will of the majority
C) Laws must be enforced to maintain order
D) Laws are derived from moral principles inherent in human nature
Correct Option: D
Rationale: Natural law theory posits that laws should reflect inherent moral principles
and that these laws are universal and can be discovered through reason.
Question 4:
Who argued that law is best understood as a set of rules that serve social
functions?
, A) John Finnis
B) H.L.A. Hart
C) Oliver Wendell Holmes Jr.
D) Immanuel Kant
Correct Option: C
Rationale: Oliver Wendell Holmes Jr. argued that law should be understood in the
context of its social functions and the consequences it produces, emphasizing a
pragmatic approach to legal theory.
Question 5:
Which of the following best describes "legal realism"?
A) Laws are abstract and independent of human behavior
B) Laws must take into account the realities of how courts operate
C) Laws are synonymous with moral justice
D) Laws derive their authority from divine commands
Correct Option: B
Rationale: Legal realism focuses on the way laws are applied in practice, emphasizing
that understanding law requires looking at how legal decisions are made in real-world
contexts.
Question 6:
Which philosopher is known for the idea that "the law is the command of the
sovereign"?
A) John Locke
B) Karl Marx
C) John Austin
D) Jeremy Bentham
Correct Option: C
Rationale: John Austin is known for his command theory of law, which holds that laws
are commands issued by a sovereign authority.
Question 7:
Which legal scholar is associated with the concept of the "open texture" of law?
A) Ronald Dworkin
B) H.L.A. Hart
C) Richard Posner
D) Joseph Raz
Due January/February 2026 | Legal Philosophy (UNISA)
,Question 1:
What is the primary concern of legal positivism?
A) The moral content of laws
B) The separation of law and morality
C) The inherent justice of laws
D) The social acceptance of laws
Correct Option: B
Rationale: Legal positivism asserts that law is a set of rules and regulations created by
human beings, and it emphasizes that the legitimacy of a law is not dependent on its
moral content.
Question 2:
Which philosopher is most associated with the concept of the "social contract"?
A) John Stuart Mill
B) H.L.A. Hart
C) Thomas Hobbes
D) Ronald Dworkin
Correct Option: C
Rationale: Thomas Hobbes is well-known for his formulation of the social contract
theory, particularly in his work "Leviathan," where he argues that individuals consent to
form a society and a government for mutual protection.
Question 3:
What is the main idea of natural law theory?
A) Laws are purely human constructs
B) Laws should reflect the will of the majority
C) Laws must be enforced to maintain order
D) Laws are derived from moral principles inherent in human nature
Correct Option: D
Rationale: Natural law theory posits that laws should reflect inherent moral principles
and that these laws are universal and can be discovered through reason.
Question 4:
Who argued that law is best understood as a set of rules that serve social
functions?
, A) John Finnis
B) H.L.A. Hart
C) Oliver Wendell Holmes Jr.
D) Immanuel Kant
Correct Option: C
Rationale: Oliver Wendell Holmes Jr. argued that law should be understood in the
context of its social functions and the consequences it produces, emphasizing a
pragmatic approach to legal theory.
Question 5:
Which of the following best describes "legal realism"?
A) Laws are abstract and independent of human behavior
B) Laws must take into account the realities of how courts operate
C) Laws are synonymous with moral justice
D) Laws derive their authority from divine commands
Correct Option: B
Rationale: Legal realism focuses on the way laws are applied in practice, emphasizing
that understanding law requires looking at how legal decisions are made in real-world
contexts.
Question 6:
Which philosopher is known for the idea that "the law is the command of the
sovereign"?
A) John Locke
B) Karl Marx
C) John Austin
D) Jeremy Bentham
Correct Option: C
Rationale: John Austin is known for his command theory of law, which holds that laws
are commands issued by a sovereign authority.
Question 7:
Which legal scholar is associated with the concept of the "open texture" of law?
A) Ronald Dworkin
B) H.L.A. Hart
C) Richard Posner
D) Joseph Raz
