Lju4801 Legal Philosophy, Rights & Justice Midterm questions and verified solutions available

What is "law"? - ANSLaw is standards and expectations of a society as a whole to follow or uphold. Tells us what we can and cannot do. Natural Law Theory - ANSThe law as nature intends it to be, to be how it is designed by nature. Natural law is universal, not culturally dependent. Law is valid when it passes a moral litmus test. Legal Positivism According to Hart - ANSLegal positivism says that law should be recognized as a social institution). Laws aren't "out there"- we make them Law has power because... - ANSWe accept it as valid, we buy into it, we aren't coerced into it What does Hart think about morality? - ANSMorality should not be a part of law. It would cause divisiveness within society Ronald Dworkin - ANSWants to include morality in laws Dworkin wants us to - ANSRely on principles, not rules. Hart (has a heart) - ANSThere is no sovereign that punishes people We hold each other responsible for following the law Combination of primary and secondary rules, and legal positivism. Introduces a new notion of legal positivism. Austin (is not awesome) - ANSLaw is separate from morality/ moral rules Laws are "commands" backed by threats Law = force Disobeying law = Punishment by sovereign