Chapter 1 Self-test questions

. Normative legal theory is most accurately summarized by which of the following statements?

Its principal concern is with moral or political values.

It is represented by the positivist view of law as developed by HLA Hart.

It expresses the idea that law consists only of norms.

It is preoccupied with the analysis of the application of legislation to moral issues.

. Which of the following best describes Lon Fuller's objective in his hypothetical case of the Speluncean Explorers?

To demonstrate the differences between the criminal law and the civil law as they relate to cannibalism.

To examine the central questions of legal and political philosophy.

To criticize the role of the judiciary in cases involving a conflict between law and morality.

To consider the extent to which murder requires mens rea.

. Why is Dicey's analysis of the rule of law often considered inadequate?

Because it applies only to the United Kingdom.

Because it is essentially procedural.

Because it neglects the role of the courts.

Because it fails to take account of the relationship between the executive and the legislature.

. What is Waldron's main argument in support of his view that judicial review is undemocratic?

Judges are not properly trained to decide constitutional questions.

The law is never clear.

Parliament is sovereign.

Parliament is a better forum for the deliberation of important social, political, and moral questions.

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