PHI 317 - Final Exam Document PDF

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PHI 317 Final Exam Document, composed of a section with question and another with an essay question....

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PHI 317 Philosophy of Law Final Exam

I. Short-answer Section (15 points) (Each worth 1 point unless marked * and then worth 2 points) Answers should run between one or two words and no more than ONE sentence.

1. What ONE thing CAN’T human positive law do with respect to the natural law?

*2. List ANY TWO examples of the “laws of nature”, according to Blackstone.

*3. List the TWO assumptions legal positivism makes about law, according to Simpson.

*4. List ANY TWO virtues of law shared by Legal Formalism and the codification

movement.

*5. List ANY TWO things Legal Realists say law REALLY is, instead of rules and principles.

6. Hart’s rule of recognition remedies one defect of primary rule regimes. Which defect?

7. What is the foundation of a legal system, according to Hart?

*8. What are the TWO ways to communicate rules that Hart considers in Chapter VII?

9. How does legal positivism view the relation between law and morality?

10. What aspect of customary law does Hart adopt in his theory of law?

II. Essay (15 points) Essays should run no less than 150 and no more than 250 words (250 words equal approximately one word-processed page of 12 point font double-spaced with one inch margins).

QUESTION: Is Tamanaha’s legal pluralism a kind of legal positivism? Why or why not? In your answer be sure to list all of the similarities and the differences between Hart’s positivism and Tamanaha’s pluralism. 2...