Classic Classic Quiz Modern Positivism II - Kelsen by Diamondsareforever Diamondsareforever 38 played - 9 yrs ago A quiz on Kelsen's pure theory of law with reference to Hobfeld and Kant. QUIZ 30 QUESTIONS expert 1 What is the 'seperability thesis'? No necessary connection between law and moralsDefine law with reference to moralityLaw and morality can overlapMorality can influence law in societyLaw is a matter of convention 2 What is the 'conventionality thesis'? Law is not determined by conventionsLaw is a matter of conventionThere is no basic rule of recognitionNo necessary connection between law and moralsCould define law without reference to morality 3 What are Hans Kelsen's dates? 1934-19871881-19731023-10541905-19741944-2015 4 When did Kelsen develop his 'Pure Theory of Law'? 18811973103519341905 5 What does the pure theory of law claim to be? A posterioriEmpiricalBased on observationNaturalisticA priori 6 What is a norm? That there is no conventionality but seperabilityThat law is separate from moral and social factorsThat law is pureA proposition requiring something to be doneA rejection of a connection to morality 7 What is a grundnorm? The latest normThe original normAny normThe idea that one norm must be based on anotherA collection of norms 8 What is the above proposition derived from? The grundnormThat laws are normsBasic normsThe legal systemEmpirical observation 9 Which of these is not a common criticism of Kelsen? It is not pure at its starting pointLaw is pure and divorced from morality or social factIt is derived from a rough minimal degree of experience of actual lifeSelf-referential & circularNo full explanation of validity 10 Who suggested that there can be no question of a validity of a basic norm? HartKantKelsenDworkinBobbio 11 What is autopoeisis? Self referentiality & circularityIntellectual backgroundPhilosophical backgroundTranscendental methodThat law is not abstract 12 What are Kant's dates? 1922-19921035-10651724-18041805-18941924-2015 13 Who is most closely associated with a conceptual analysis of the careful distinction of terminology used in law? KelsenKantHohfeldhHartDworkin 14 What did Hofeldh distinguish between? Conceptualism & non-empiricismTerminology & lawOpposites & correlativesImplications & legal interestsRight & absence of right 15 What is the opposite of rights? PrivilegePowerImmunityDutyNo rights 16 What is the correlative of privilege? PowerDisabilityLiabilityNo rightsImmunity 17 What is the opposite of power? RightsDisabilityNo-rightsDutyLiability 18 What is the correlative of immunity? DisabilityDutyNo-rightsLiabilityPower 19 Example of how a right is stronger than a liberty? Bus stop outside your houseBeing able to park your carAccess to gasInternet accessOption to purchase 20 What is Descarte's cognito? Representations and identityProblems with empiricismUltra vires lawsI think therefore I amOpposite of power is immunity 21 Where was Kelsen born? PragueVeniceParisGenevaBerlin 22 What is die reine rechtslehre? Austro-Hungarian empireAnglo-American jurisprudenceNo moral componentsPure theory of lawNo factual observation 23 Which theorist thought there was a moral component to law? KelsenHartDworkinFinnisHohfeld 24 What can be liken norms to? Descriptive sociologyReflectionCause and effectExistenceRequirements and content 25 How is law pure according to Kelsen? Based on principlesContains a collection of normsBased on the rule of recognitionBased on conventionsDivorced from morality and social fact 26 Why is Kelsen's theory not pure at its starting point? Derived only from a minimal degree of experienceDerived without reference to actual lifeThere is no question of the validity of normsObservation of norms must be from experience and conventionValidity can only be used to answer questions 27 How did Kelsen vary from Kant? Used the transcendental methodCreating a theory that could be seen as circularSought to reason in an a priori wayDid not believe there existed universal moral principlesBases theory on one proposition derived from another 28 What is the correlative of right? No-rightsDutyLiabilityDisabilityPrivilege 29 What is the opposite of privilege? DutyNo-rightsPowerDisabilityLiability 30 What is the correlative of power? RightsDutyDisabilityImmunityLiability A mistake in this Quiz ? Contact the author Commentaires
