Key Concepts in Legal Philosophy
Classified in Law & Jurisprudence
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True or False Statements
Arthur Kaufmann stated that the ontological structure of law required the essence and legal existence, in other words, natural law and positive law. True
Pachioni and Wing, regarding relative equity, and Rotondi deny the possibility of identifying the general principles of fairness. True
Statement: The effectiveness of the precepts of the law does not depend on legislation, implementing acts, and acts of obedience. (False)
Clarification: The effectiveness of precepts depends not only on law and implementing regulations but principally on acts of obedience. (See page 417)
Subjectivity is one of the key positions regarding the axiological problem. True
Multiple Choice Questions
Who called social order 'the right'?
a) [Name]
b) Theodore GeyserWho said the constitution within the social world, in a positive legal sense, is the fact that most damages the Wing pyramid?
a) Kelsen
b) Foren
c) CitelmanWhat is a system where there are no incompatible standards?
a) Inconsistent
b) Consistent systemWho said there is a gap in the law which requires a particular legal rule the judge can refer to to resolve any particular dispute?
a) [Name]
b) BoobieWho defined the legal relationship as a legally meaningful relationship with another person or a legal right?
a) [Name]
b) [Name]
c) DernburgWho said that a set comprises several legal facts without these merging into a larger unit?
a) [Name]
b) [Name]
c) Schreier (Inbegriffen)Who said that the claim is what determines the location to consistently behave in certain ways?
a) Jhering
b) JellinekWhat is caused by the fact that a right is exercised regardless of consequences?
a) Full legal Done
b) [Term]Who said an object is valuable just when we want it, and the echo of desire is the only real value?
a) Christian Wolff
b) Nicolai Hartmann
Legal Definitions
The attribute of standards established or recognized by state orders with the purpose of regulating their own work and the behavior of individuals is: Positive Law
What distinguishes one legal provision from another? It is precisely its material element, as the formal element (e.g., involving a permit) can be identical in all.
Regulatory System: Rules of conduct established or made by organs of public power for the realization of public values.
Subjective Right: The capability to do or omit something licitly attributed to a person or their representative, for the exercise of law and allowing the enjoyment of the benefits arising from the corresponding duty for the proprietor.