LEGAL PHILOSOPHY EXAM

Introduction

1) Normative character of law?

2) Legal validity?

3) What are generally the conditions that make x legally valid?

4) Legal validity conditions and legal positivism?

5) Legal validity conditions and jusnaturalism?

6) Legal validity conditions, Dworkin, and ILP?

7) Descriptive and normative legal philosophy?

Pure Theory of Law – Legal Validity

8) What is reduction?

9) Why is Kelsen's theory of law antireductionist?

10) Is Kelsen an antireductionist with regards to legal validity?

11) What does it mean to say that law is a scheme of interpretation?

12) What is a Grundnorm?

13) What are the theoretical functions of the idea of the basic norm?

14) What does it mean to say that law has a systematic nature?

15) Can we equate legal validity with membership in a legal system?

16) What is the relationship between legal validity and efficacy?

Hart's Critique of Austin's Theory of Law

17) Two main claims of the imperative theory of law?

law as commands?

law as commands of the political sovereign?

18) What does the claim that legal norm is a command assume (obligations, sanctions)?

Hart's critique (gunman case)?

Hart's critique (generality of law)?

Hart's critique (norm structure)?

Hart's critique (the role of sanctions)?

19) Who is 'political sovereign' according to Austin?

What kind of explanation is it?

Hart's critique (sovereignty as a juridical idea; rules)?

The problem of legal transition of sovereignty?

The problem of continuity of legal rules?

Social Rules at the Foundation of Law – Rule of Recognition

20) Hart's pre-legal world (primary rules; deficiencies)?

21) What are secondary rules?

22) Rule of change?

23) Rule of adjudication?

24) Rule of recognition?

RoR as a social rule?

Ontic and epistemic functions?

25) Rule of recognition vs basic norm?

26) The practice theory of rules?

27) Internal and external aspect of rules?

28) Internal and external point of view?

Authority and Normativity

29) What does it mean to say that law claims to be a legitimate authority?

30) What are identity-related reasons for action?

31) How law generates identity-related reasons for action?

32) What is the service conception of authority?

Conventional Foundations of Law

33) What are conventions?

34) What is the rationale of the rules of recognition according to Hart?

35) What kind of convention is the rule of recognition according to Marmor?

36) Marmor's explanations of conventions?

37) What makes secondary rules conventions according to Marmor?

38) Green’s critique of the RoR as a purely conventional rule?

Theoretical Disagreements

39) What are theoretical disagreements?

40) Leiter's response to theoretical disagreements objection to the rule of recognition?

Law and Morality - Dworkin's Principles and Inclusive Legal Positivism

41) Conventionality thesis?

42) Social fact thesis?

43) Separability thesis?

44) Hart's doctrine of judicial discretion?

45) Types of norms according to Dworkin?

(Categorical) distinction between rules and principles?

Critique: a distinction in degree?

46) Legal validity of legal principles (Dworkin)?

The process of moral reasoning?

47) What is Dworkin's main argument in support of the claim that judges only identify

what the law is?

48) The possibility of a legal error (systemic!) (Dworkin)?

49) Inclusive legal positivism and moral criteria of validity?

Critique: conventionality of the rule of recognition?

Critique: law as an authoritative institution?

Critique: a possibility that a substantial part of the law in a given legal system

amounts to a legal error?