Flashcards: Foundations and Qualities of Law — 40 cards

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1Question

What are the steps involved in legal analysis?

Answer

Identifying legal sources, explaining judicial decisions, reconstructing reasoning, and taking a structured position on judge’s power.

2Question

What skill does the course train students to develop regarding legal arguments?

Answer

To distinguish legal arguments from moral, philosophical, geopolitical, and social arguments.

3Question

What is non-law in Carbonnier's conception?

Answer

A sphere law deliberately chooses not to expand, allowing other rules or organizations.

4Question

What distinguishes a legal gap from non-law?

Answer

A legal gap is unforeseen and must be governed; non-law is intentionally outside law's scope.

5Question

What is objective law?

Answer

The set of legal rules and norms governing society and defining rights.

6Question

What does a subjective right represent?

Answer

An individual right recognized by objective law.

7Question

Which article of the Civil Code protects the right to respect for private life?

Answer

Article 9.

8Question

What does natural law consist of?

Answer

Universal principles and rights not created by humans.

9Question

What authority do natural law principles have over human laws?

Answer

They bind authorities and can challenge unjust human laws.

10Question

What defines positive law's legal character?

Answer

Creation or recognition by a competent authority.

11Question

On what does positive law depend rather than intrinsic justice?

Answer

Its legal character depends on authority, not intrinsic justice.

12Question

What is Normativism according to Hans Kelsen?

Answer

A positivist theory where every norm's validity derives from a superior norm in a hierarchy.

13Question

What does Kelsen's hierarchy place above the Constitution?

Answer

The fundamental norm.

14Question

What must each lower norm do in Kelsen's hierarchy?

Answer

Conform to the superior norm.

15Question

How does state positivism identify law?

Answer

As the expression of the sovereign authority's will.

16Question

What does sociological positivism study?

Answer

How legal rules evolve with society, facts, and customs.

17Question

What does the generality of law mean about its application?

Answer

It applies to categories of people rather than named individuals.

18Question

How does the generality of law affect its usability over time?

Answer

It can remain usable across changing situations.

19Question

Why does generality support predictability and legal security?

Answer

Because people can know the rule in advance and rely on its relative stability.

20Question

What does the rule about ignorance of the law require regarding the law?

Answer

The law must be accessible and intelligible.

21Question

Why must a legal rule be published?

Answer

To become effectively accessible and applicable.

22Question

What defines an imperative rule in law?

Answer

It is mandatory and cannot be excluded by agreements against public order or good morals.

23Question

When does a supplementary rule apply in legal agreements?

Answer

When parties have not expressed a contrary intention and no valid different choice exists.

24Question

How does the state enforce legal rules compared to religious or professional rules?

Answer

The state gives legal rules compulsory force and monopolizes justice execution, unlike other rules.

25Question

What is the effect of nullity on an irregular legal act?

Answer

It erases the legal effect of the irregular act.

26Question

What is the purpose of a criminal penalty in law?

Answer

To punish violation and seek prevention, rehabilitation, or deterrence without erasing the act.

27Question

How does tutorial work assess students in legal studies?

Answer

By separate evaluation of written quality and oral rhetoric after document preparation and presentation.

28Question

What must public power respect in a state governed by law?

Answer

Areas such as individual care and individual freedom.

29Question

How does concubinage illustrate legal boundaries?

Answer

It started outside detailed legal regulation but later gained legal rights in the Civil Code.

30Question

How do definitions of law vary?

Answer

According to moral, sociological, philosophical, and political conceptions.

31Question

Why does Antigone refuse King Creon's law in Sophocles' play?

Answer

Because it contradicts superior, unwritten, and eternal laws.

32Question

What influenced the French Revolution and the 1789 Declaration of the Rights of Man?

Answer

Natural-law thinking.

33Question

According to Carbonnier, on what does a law's effectiveness depend?

Answer

Its acceptance by the society to which it applies.

34Question

What does law reflect according to Carbonnier?

Answer

Changing facts and customs.

35Question

Who argued that law's effectiveness depends on societal acceptance and reflects changing customs?

Answer

Carbonnier.

36Question

Why could the Civil Code of 1804 govern new situations and catastrophes?

Answer

Because its broad provisions were not limited to a single precise case.

37Question

What issue does the increasing specialization of law raise?

Answer

Whether legal rules remain sufficiently general, stable, and intelligible.

38Question

What is the goal of legislative simplification and legal drafting?

Answer

To replace specialized legal vocabulary with clearer language.

39Question

How do publication of judicial decisions and transparency affect public knowledge?

Answer

They contribute to knowledge of legal interpretations and judicial behaviour.

40Question

How can soft law acquire legal force?

Answer

By later legislation or judicial recognition giving it formal legal force.

Test yourself with the quiz

Test your knowledge with 19 questions on Foundations and Qualities of Law.

1. Which sequence best describes the main stages of legal analysis?

2. A court case raises both ethical concerns and questions about statutory interpretation. What should a legal professional do when analyzing it?

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