JURI 610 Quiz: Positivism, Natural Law, and Modern Legal Theories

1. In chapter 19, Professor Bix states that the argument in feminist legal theory, critical race theory, and critical legal studies is that the law is unjust. Explain the basis for his position.
2. From Finnis’ perspective, identify and briefly explain the two differences between natural law theory and legal positivism.
3. List and explain the three major themes Professor Bix states that Critical Race Theory is based on.
4. In chapter 17, Professor Bix states that American legal realism can be seen as a forerunner to law and economics. Explain the reasons for his belief.
5. Friedrich Carl von Savigny believed that laws, similar to languages, are expressions of the culture, customs, and history of a people.
6. Critical Legal Studies were characterized by applying ideas of European literary theorists, social theorists, and philosophers.
7. Not all Critical Legal Studies theorists have the same view on issues such as the rule of law and the value of the rights narrative.
8. According to historical jurisprudence, communities do not go through consistent and predictable stages of development. Therefore, the laws of those communities should not necessarily reflect their stages of development.
9. Because of their rejection of the existence of objective truth, postmodernists legal scholars are unable to make consistent arguments against injustice.
10. Identify two of the main characteristics of the legal process perspective.
11. Explain ‘constructive interpretation’ according to Ronald Dworkin.
12. Identify the main characteristics of historical jurisprudence.
13. Explain the main overlaps between Marxist legal theory and critical legal studies.
14. Identify the main features of the free law movement perspective.
15. Critical Race Theory developed as a result of the disagreement of scholars from minority ethnic groups with Critical Legal Studies because:
16. Which of the following is not a part of critical approaches to law?
17. Among common themes in Critical Legal Studies writings are:
18. Critical legal approaches to the law have their sources in a number of doctrines, including:
19. The legal process approach focuses on:

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