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6 Cards in this Set

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  1. Which nineteenth-century philosopher argued that people should be able to do what they want as long as they don’t pose direct harm to others?


    1. a. Devlin
      b. Hart
      c. Plato
      d. Mill

d. John Stuart Mill

Which of the following theories argues that laws against prostitution were necessary to protect public morality?


a. Legal moralism (idealism)


b. Legal positivism (pragmatism)

a. Legal moralism

  1. Suppose that members of society reached a consensus that a behavior was morally unacceptable. What would the term for this be?


    1. a. Collective judgment
      b. Unanimous morality
      c. Harm principle
      d. Limits of tolerance

a. Collective judgment

  1. The criticism that morality, by itself, is insufficient to create legislation is based on which of the following theories of law?


    1. a. Legal positivism
      b. Legal moralism

a. Legal positivism

While Legal moralism believes that law should create a model society based on moral principles, Legal positivism/pragmatism emphasizes that law should:


  1. a. protect individual rights.
    b. relate to public consensus.
    c. enforce security

a. protect individual rights

According to the six concepts of law, which philosophy would most discourage discretion?


  1. a. Legal positivism
    b. Legal moralism

b. Legal moralism