REMEDIAL LAW: Empirical Philosophers

What is the role of presumptions in legal philosophy according to David Hume?

• To establish absolute certainty

• To provide a starting point for legal reasoning

• To ignore evidence

• to earn some money

Answer explanation

Presumptions in legal philosophy, according to Hume, serve as initial assumptions or starting points in legal reasoning. They provide a foundation for decision-making but can be adjusted based on the strength of evidence presented during legal proceedings.

How does Hume's concept of probabilities apply to legal decision-making?

• Probabilities are irrelevant in legal contexts

• They guide decisions based on likelihood

• They focus on absolute certainty

• To win a lottery ticket

Answer explanation

Hume's concept of probabilities suggests that legal decisions should be guided by the likelihood of events. This aligns with the idea of assessing evidence and making decisions based on a reasonable understanding of what is likely to be true.

What does the metaphor "exhuming evidence" represent in Hume's philosophy of law?

• Ignoring evidence

• Digging deeper to uncover hidden truths

• Disregarding empirical observations

• Click me, I'm the answer

Answer explanation

The metaphor "exhuming evidence" in Hume's philosophy signifies the process of digging deeper into evidence to uncover hidden or overlooked truths. It emphasizes the importance of thorough investigation in legal reasoning.

How does Hume's philosophy influence the legal principle of presumption of innocence?

• By assuming guilt until proven otherwise

• By disregarding the concept of innocence

• By assuming that there is innocence without the need of proof

• By assuming innocence until proven guilty

Answer explanation

Hume's influence on the presumption of innocence is reflected in the legal principle that individuals are presumed innocent until proven guilty. This aligns with Hume's emphasis on starting with a presumption and adjusting it based on the evidence presented.

According to Hume, what is essential in legal decision-making?

• Relying solely on presumptions

• Ignoring evidence entirely

• Balancing presumptions with the strength of evidence

• making a legal guess using facts presented

Answer explanation

According to Hume, it is essential in legal decision-making to balance presumptions with the strength of evidence. This ensures a fair and nuanced approach, where initial assumptions are considered but can be adjusted based on the weight of evidence.

Who are the empirical philosophers (check all that applies)

• Ludwig van Beethoven

• Francis Bacon

• David Hume

• Ludwig Wittgenstein

What is the focus of Francis Bacon's Inductive Jurisprudence?

• Deductive reasoning

• Analytical philosophy

• Inductive reasoning

• Historical jurisprudence

Answer explanation

Bacon's Inductive Jurisprudence emphasizes starting with specific observations and moving towards general principles, in contrast to deductive reasoning.

How does Bacon suggest we should approach legal knowledge?

• Start with general principles and deduce specific cases.

• Begin with specific cases and derive general principles.

• Rely solely on historical precedents.

• Ignore both general principles and specific cases.

Answer explanation

Bacon argues for starting with specific cases, gathering evidence, and then deriving general principles through inductive reasoning.

What is the key idea behind Bacon's inductive method in jurisprudence?

• Emphasizing deductive reasoning

• Starting with specific observations and moving to general principles

• Ignoring empirical evidence

• Focusing on abstract theories

Answer explanation

Bacon's inductive method involves observing specific instances and using them as a foundation to establish broader, general principles.

According to Bacon, what role does observation play in legal reasoning?

• No role at all

• A minimal role

• A central role

• An irrelevant role

Answer explanation

Observation holds a central role in Bacon's inductive approach, where empirical evidence is crucial in forming legal principles.