jurisprudence 3

What is the main critique of legal formalism? (which one doesnt align with legal formalism)

• Legal rules are based on universal truths

• Legal rules are influenced by political and policy considerations

• Legal rules are determined by abstract principles derived from case law

• Legal rules are based on historical record and overall coherence

According to legal formalism, what is excluded from the law?

• Identity of parties, judge, and academic

• Social and economic context

• Abstract concepts and principles

• Morality and policy

In the case of Lochner v NY, what was the main argument of the Supreme Court?

• The court should consider the social context and practice

• The court should protect property and freedom of contract

• Freedom of contract cannot be taken away without due process

• The state has no business interfering in the private sphere

What did Oliver Wendell Holmes argue about legal rules?

• General propositions decide concrete legal cases

• Legal rules are based on logic and abstract principles

• Legal rules should be viewed in their social context

• Judges should make law based on policy and purpose

What is the danger of the ideal of neutral, objective law?

• It leads to incoherent and contradictory laws

• It excludes social and economic considerations

• It compromises the independence and impartiality of the judiciary

• It presents legal decisions as natural and necessary

What did Karl Clare suggest about judges acknowledging their influences?

• Judges should reconcile conflicts in a neutral manner

• Judges should base their decisions on abstract principles

• Judges should pretend to be completely impartial

• Judges should be aware of their biases and influences

What was the main criticism of the apartheid legal system in South Africa?

• It allowed for scientific, objective, and neutral laws

• It perpetuated inequality and injustice

• It recognized the role played by the legal system

• It viewed legal rules in their social context

According to Christopher Columbus Langdell, what should be excluded from the law?

• Social and economic context

• Abstract concepts and principles

• Morality and policy

• Identity of parties, judge, and academic

What did the American legal realists critique about classical legal consciousness?

• The distinction between public and private spheres

• The role of judges in making law

• The messy and political legislative process

• The influence of social and economic context

What did the Supreme Court decide in the case of Brown v Board of Education?

• Racial preferences should be allowed in education

• Separate but equal facilities were constitutional

• The court should base decisions on historical record

• Segregation in public schools was unconstitutional