PHIL 2050 Sample Exam Questions

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2050

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Philosophy

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Jan 9, 2024

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- 1 - PHIL 2050 Sample Exam Questions Exam: tentatively scheduled for Saturday, December 16, 2023, 7-10pm (worth 35% of the final grade) Format: 5 short answer questions (1 point each) and 3 short essay questions (10 points each) for a total of 35 points. Short Answer: A good answer will have both a general explanation and an example or two to illustrate. Each answer should be about 7-10 sentences, but your main priority should be to answer the question to the best of your ability. In Hart ’ s view, how does a social rule differ from a habit? In Hart ’s view, what is a critical reflective atti tude? What is the difference between the internal point of view and the external point of view? Explain the difference between primary rules a nd secondary rules in Hart’s theory of a legal system. Explain three defects with a pre-legal society and identify which secondary rules are needed to remedy these. What is a ‘rule of change’? According to H.L.A. Hart, what is a ‘rule of adjudication’? What is a “ rule of recognition ” ? What does ‘legal validity’ mean accord ing to legal positivists? According to Ronald Dworkin, what is a legal principle? Be sure to provide an example. According to Dworkin, what are the differences between rules and principles? Explain Dworkin ’s notion of a chain novel. How does he apply this notion to law? In Dworkin ’s view, what does ‘law as integrity’ mean? According to Dworkin, what is constructive interpretation? In Dworkin ’s view, what are the different types of discretion? Explain the two dimensions along which any judicial decision must be assessed according to Dworkin. What ’ s the difference between a rule-skeptic and a fact-skeptic? What do legal realists believe about the determinacy of law?
- 2 - What is ‘radical indeterminacy’ of law according to legal realists? Provide three reasons why legal realists believe that a system of law is not a system of logic. How would you explain the central fiction about law that legal realists wish to expose? Do legal realists believe that judicial decisions are predictable? Explain the difference between radical feminism and liberal feminism. What is the difference between relational feminism and radical feminism? What is the difference between liberal feminism and Marxist feminism? Explain the conceptual tension between civil liberties and civil rights. Be sure to use an example. According to Richard Delgado, what is the historical tension between civil liberties and civil rights? Provide an example to illustrate. Short Essay Questions: your answers here should be structured as essays, with an introduction, analysis and assessment, and a conclusion. You ought to be able to explain in general terms the theories you are discussing, apply them to a particular problem or topic, and offer your own reasoned view about their success. Examples are again valuable, and your answer should be several paragraphs. 1. Compare the answers each of the following philosophers would give to this question: what is a legal obligation? (a) Aquinas; (b) Austin; and (c) Hart. (d) In your view, supported with reasons, are any of their answers correct? 2. In your view, do judges make law? You must offer a reasoned opinion which demonstrates familiarity with the views of (a) Hart, (b) Dworkin, and (c) the legal realists. 3. Explain how a feminist legal philoso pher might assess Dworkin’s theory of law as integrity . Your answer should consist of three parts: (a) an explanation of Dworkin’s view of judicial reasoning; (b) an account of feminist approaches to law and legal theory; and (c) a reasoned opinion about the strength of possible feminist critiques of Dworkin’s theory. 4. “Law is the obj ective application of public and settled rules to establishe d facts.” Explain, with examples, how (a) a legal realist, (b) a feminist legal theorist, and (c) a Critical Race theorist would reply to this statement. (d) Which of their arguments is most persuasive? 5. (a) Explain the tensions which Critical Race Theorists identify between the civil liberty of free speech and the civil right to equali ty. (b) In your view, supported with reasons, could Dworkin’s theory of law as integrity be used to resolve the tensions?
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