Legal exercises



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Exercise 2 Questions

Read selected Reading 2.1 …

1. Would you uphold this conviction? Why or why not?
2. Looking at Selected Reading 2.1,* what reasons does each judge give for affirming or reversing the sentence of death?
3. How does each judge see the relevance of morality to law?
4. Which judge best fits the description of –
• A positivist?
• A Realist?
• A natural lawyer?
On HLA Hart
5. What does Hart mean by a rule of recognition? Could you make a considered judgment as to what the rule of recognition for, say, Queensland would be?
To get the idea of positivism clear – does Hart say that law never has any overlap with morals?


Exercise 7 Questions

6. Does Luban see any problems with the way that Fuller’s eight virtues direct professional ethics?
7. In describing the lawyer of character as ‘the lawyer-statesman’, does Kronman suggest that the good lawyer must necessarily be involved in politics? If not, what is the connection between law and politics that, according to Kronman, makes the description ‘lawyer-statesman’ an appropriate one?
8. According to Kronman, what is the virtue that is central to being a good lawyer? Why? How is that needed, or developed, in legal practice?
9. What are Mortensen’s concerns about ‘the ethics of care’? About the ‘lawyer as friend?’

Exercise 11 Questions

1. According to Rawls, which of these arrangements should Newgarth adopt if it is to make justice the first virtue of its political system?
2. Read Selected Reading 11.1: John Rawls, A Theory of Justice (1972) 530-41. (It is not an easy section to read – Rawls’s style is very dense.) What is the relationship between the personal quality – or vice – of envy and Rawls’ second principle of justice (including the difference principle)?
3. What would you say if A and B both started life with f12,000 but A chose to be a hard-working gardener and B decided to play tennis with his friends most days, and picked up work when he couldn’t play tennis (Meyerson, 320-1). Would you be as happy with pattern ??
4. Would Robert Nozick agree with Rawls’ answer to question 1? Why or why not?
5. Why does Nozick consider that taxation of earnings is ‘on a par with forced labor’?



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