Riyal or Fakeh PhilLaw

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30 Terms

1
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Promulgated in the 5th century B.C., the Laws of the Twelve Tables stood at the foundation of ancient Greek legal system. It contained people’s codified rights and duties in the golden age Athens

False

2
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Thomas Aquinas taught that human nature can be understood exclusively from the unique perspective of faith in a creator (God)

False

3
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In his work The City of God, Augustine of Hippo opined that Civil Law is worldly and hence opposed to and detrimental to Divine Law

False

4
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Cicero’s understanding of human nature is fundamentally influenced by Epicurean philosophy, hence its rejection of morality and denial of the concept of common good

False

5
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In his effort to lay down the foundation of modern Legal Positivism, John Austin categorically denied the existence of natural law

False

6
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Secondary Rules, according to Hart’s exposition, serve the Primary Rules and not the other way around

True

7
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According to John Austin, the sovereign can only be considered as such if he is not answerable to anyone

True

8
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Along with human agreement and nature, the Ancient Greek looked at gods and goddesses as source of their laws

True

9
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Thus far in the course, it is clearly established that natural law is, ultimately, the only source of all existing laws

False

10
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Legal utilitarianism is one of the modern logical consequences of Aquinas’ moral theory of teleologism

True

11
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Austin’s legal positivism is oftentimes referred to as command-based legal theory

True

12
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Lon Fuller points out that laws are not just external prohibitions and exhortation, but rather interior help to orient the life of subjects

True

13
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Thomas Aquinas holds that natural law and eternal law are one and the same

False

14
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John Finnis claims that legal philosophy is not only related to, but even dependent on, Ethical and Political philosophies

True

15
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At the very foundation of Legal Philosophy of the Ancient Greeks lies the assumption that human beings share a common rational nature

True

16
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Because of the essential function of punishment, one criticism against Austin’s legal philosophy is that he ignored the subjective elements of the law

True

17
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The intricate debate between Legal Naturalism and Legal Positivism is misleading according to Dan Priel because for him the fundamental debate is neither conceptual nor philosophical, but political

True

18
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Local customs and unwritten rules of a particular society are what H.L.A Har refers to as Primary Rules

True

19
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John Finnis exhorts legal practitioners and philosophers of law to envision legal systems simply as sets of norms that must be upheld, regardless of historicity and context

False

20
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Edward Coke holds in his legal philosophy that law is artificial reason that skilled practitioners are able to construct to solve legal disputes

True

21
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Seneca taught that natural law makes humans capable of reason and thereby able to form a universal community that transcends geographic place, social position, or national citizenship

True

22
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John Finnis claims that positive law and natural law are mutually exclusive

False

23
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Operating on the presumed immanent moral rationality of the law, formalism hold that legal system is a stand-alone system

True

24
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H.L.A Hart identifies uncertainty, statis, and inefficiency as the defects of the primary rules

True

25
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Richard Hooker hypothesized a human natural state characterized as solitary, poor, nasty, brute, and short; hence social contract is necessary to have better socio-political condition

False

26
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Ronald Dworkin’s legal philosophy sees law fundamentally as commands that compels obedience because of the internal threat of moral guilt

False

27
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John Selden observes that the appropriation of natural law inevitably took different paths in various cultures, making historical consciousness essential in the proper understanding of laws at any single epoch

True

28
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Peter Fitzpatrick proposes to see law as myth because for him legal are radically contrary to truth, and ultimately non-existent

True

29
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Among Lon Fuller’s Eight Principles of Legality, he holds that laws should be generally and properly publicized

True

30
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Ino Augsberg concludes that in considering Legal System as text in the postmodern sense, its apparent unreadability is not opposite of the readability, but rather the ridge that also sets it in motion, or gives momentum

True