In preparing for the exam, secure your understanding of each of the concepts, distinctions, and groups of related concepts below. In particular:
• For each item, be able to supply (as appropriate) a short definition, explanation of a distinction, or account of the relation between concepts.
• When related topics are listed for two philosophers, be able to compare their views in connection with these topics.
(One example of related topics discussed by two philosophers would be Austin’s account of obligation on the one hand and, on the other, Hart’s distinction between being obliged and having an obligation.)
The exam consist of essays questions that you can answer on the basis of your understanding of these ideas. Some questions may ask you simply to explain an idea but, more often, you will be asked about the relations among two or more ideas. You can expect some freedom of choice in the questions you answer but not enough to enable you to safely ignore more than a few items on this list.
In formulating this list, I have chosen terms or phrases that appear in the text, but some appear more prominently than others. If, as you are studying, you have any doubt about what I have in mind or where discussions of these ideas appear, I’ll be happy to supply more information.
Topics
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Aquinas • definition of “law” • eternal, natural, and human law • 2 forms of derivation of human law from natural law Locke • paternal, political, and despotical power Austin • command, obligation, and sanction • political sovereign Holmes • legal duty • bad man’s point of view Llewellyn • remedies, rights, interests • “paper rules” • legal behavior Kelsen • efficacy • dynamic vs. static theory of law • basic norm Hart • problem of “grudge informers” • “was obliged” vs. “had an obligation” |
Hart continued • primary vs. secondary rules • rules of recognition, change, and adjudication • internal vs. external statement or point of view • legal validity Dworkin • pedigree • acceptance vs. validity • rules vs. principles (including policies) • 3 senses of discretion • the possibility of binding principles • adjudicative integrity • Hercules • principles vs. policies • fit vs. substance Unger • formalism • objectivism • deviationist doctrine Altman • “patchwork quilt” • law vs. politics |