LEGAL PHILOSOPHY PORTFOLIO EXAM 2022 with answers

QUIZ01 1.1 What does judicial impartiality mean? The integrity of the justice system is anchored in the impartiality of the judiciary. Judicial impartiality is a basic aspect for a judge when hearing a matter. Fairness and impartiality must be both subjectively present and objectively demonstrated to the informed and reasonable observer. It is the idea that judges should interpret and apply the law with minds open to argument and free of bias. When hearing a matter, a judge should not have already decided the outcome before he hears each side. QUIZ 2 2.1 According to St Thomas Aquinas “the effect of law is to make men good”. Discuss his views in support of this statement. St. Thomas defines law as “an ordinance of reason for the common good, made by him who has care of the community, and promulgated.” We see immediately that a law is never an arbitrary thing, or even only that which is merely custom. For even a custom may be contrary to reason or be in opposition to the common good in which case it does not have the right to be called a law, even if promulgated by the due authority. St. Thomas explains that human law is never to be in opposition to the Natural Law or Divine justice and if it is, it no law at all, but a “perversion of law.” QUIZ 3 3.1 Explain legal positivism in your own words and include an example to illustrate your point. Legal positivism is the legal philosophy which argues that any and all laws are nothing more and nothing less than simply the expression of the will of whatever authority created them. Thus, no laws can be regarded as expressions of higher morality or higher principles to which people can appeal when they disagree with the laws. It is a view that law is a social construction.