Legal and Political Philosophy Practice Flashcards

Comprehensive practice flashcards covering Week 1 through Week 5 of the lecture notes, focusing on Kant, Kelsen, Schmitt, Benjamin, and Foucault.

According to Kant, an action has moral worth only when it is performed because it is __________.

morally right

Kant distinguishes between acting from duty and merely acting __________ with duty.

in accordance

Kant argues that the only thing good without qualification is a __________.

good will

Internalists believe moral judgments motivate action, while __________ argue motivation and morality are separate.

externalists

In Kantian philosophy, __________ is acting according to rational principles that respect the freedom of others, rather than doing whatever you want.

true freedom

Korsgaard explains __________ as the idea that individuals give moral laws to themselves rather than receiving them from external authorities.

autonomy

The __________ is Kant's idea of a moral community in which all rational individuals act according to universal laws they freely give themselves.

Kingdom of Ends

Simple answer: __________ is when law validates itself through its own internal rules.

self-referentiality

The __________ was developed by Hans Kelsen after World War I to create a scientific theory of law free from morality and politics.

Pure Theory of Law

For Kelsen, the __________ is the foundational legal norm, such as a constitution, from which other laws derive their authority.

general norm

Kelsen argues that law is necessary because the __________ itself is a centralized legal order that maintains social order through organized force.

state

Schmitt argues that a __________ is "he who decides on the exception."

sovereign

The fundamental distinction in politics for Carl Schmitt is between __________.

friend and enemy

Schmitt is often described as the __________ of the twentieth century because he prioritizes protection and order.

Hobbes

Dyzenhaus describes Kelsen's system as one where "the __________ runs itself."

machine

According to the lecture, the logic for Kelsen is $\text{Norm} \rightarrow \text{Decision}$ while for Schmitt it is $\text{Decision} \rightarrow \text{Norm}$.

decision before rules

Benjamin argues that __________ violence creates new legal systems and political orders.

lawmaking

Police and courts are examples of __________ violence, which is force used to sustain an existing legal system.

law-preserving

Unlike mythic violence, __________ violence destroys unjust legal systems and does not create new authority or domination.

divine

A __________ strike aims for reform within the existing system, while a revolutionary general strike seeks to abolish state power.

partial

Benjamin argues that modern states claim a __________ on legitimate violence to prevent challenges to the legal order.

monopoly

__________ is Foucault's term for power that focuses on managing populations through health, birth rates, and mortality.

Biopolitics

Foucault describes the shift from sovereign power to biopower as moving from "take life or let live" to "__________."

make live and let die

For Foucault, __________ acts as a mechanism of biopower that divides populations into those to be preserved and those to be excluded.

racism

The __________ view of power focuses on how power operates throughout society in institutions like schools and hospitals rather than just through the state.

nonsovereign

__________ occurs when individuals adopt social norms and begin to regulate their own behaviour according to standards of normality.

Internalization

Foucault's __________ concept suggests that power is not just held by an authority but is transmitted and reproduced by all citizens.

relay