Schools & Jurists

Question 1

John Austin's theory of law?

Accepted Answer

Law is a command of the sovereign, backed by a sanction, addressed to those in a habit of obedience — set out in The Province of Jurisprudence Determined (1832). (Source: Austin (1832))

Question 2

H.L.A. Hart's main ideas in The Concept of Law (1961)?

Accepted Answer

Law is a union of primary rules (duties) and secondary rules (recognition, change, adjudication); the rule of recognition identifies valid law. (Source: Hart, The Concept of Law (1961))

Question 3

Hans Kelsen's Grundnorm?

Accepted Answer

In the Pure Theory of Law, every legal norm derives validity from a higher norm, ultimately from a presupposed basic norm (Grundnorm). (Source: Kelsen, Pure Theory of Law (1934))

Question 4

Savigny and the historical school?

Accepted Answer

Law is found, not made; it grows from the common consciousness of the people (Volksgeist). (Source: F.C. von Savigny)

Question 5

Roscoe Pound's contribution?

Accepted Answer

Sociological jurisprudence: law as "social engineering" to balance competing interests. (Source: Roscoe Pound)

Question 6

Jeremy Bentham's principle?

Accepted Answer

Utilitarianism: the greatest happiness of the greatest number is the measure of right and wrong. (Source: Bentham, An Introduction to the Principles of Morals and Legislation (1789))

Question 7

John Rawls's key device in A Theory of Justice (1971)?

Accepted Answer

The original position behind a "veil of ignorance", from which parties would choose the two principles of justice. (Source: Rawls (1971))

Question 8

Ronald Dworkin's main claims?

Accepted Answer

Law includes principles as well as rules; rights are "trumps"; and judges (the ideal judge "Hercules") seek the best interpretation of law as integrity. (Source: Dworkin, Taking Rights Seriously (1977); Law's Empire (1986))

Question 9

Hohfeld's jural correlatives?

Accepted Answer

Right–duty, privilege–no-right, power–liability, immunity–disability. (Source: W.N. Hohfeld (1913))

Question 10

Lon Fuller's "inner morality of law"?

Accepted Answer

Eight principles of legality: generality, promulgation, non-retroactivity, clarity, non-contradiction, possibility of compliance, constancy, and congruence between rules and official action. (Source: Fuller, The Morality of Law (1964))

Question 11

Sir Henry Maine's famous dictum?

Accepted Answer

The movement of progressive societies has been a movement "from Status to Contract". (Source: Maine, Ancient Law (1861))

1.John Austin's theory of law?

2.H.L.A. Hart's main ideas in The Concept of Law (1961)?

3.Hans Kelsen's Grundnorm?

4.Savigny and the historical school?

5.Roscoe Pound's contribution?

6.Jeremy Bentham's principle?

7.John Rawls's key device in A Theory of Justice (1971)?

8.Ronald Dworkin's main claims?

9.Hohfeld's jural correlatives?

10.Lon Fuller's "inner morality of law"?

11.Sir Henry Maine's famous dictum?