PHIL222 – Philosophy of Law – Final Exam

 

Answer these questions, taking between 250 and 300 words for each answer.

Use 12-point Times New Roman, double-space.  Email as an attachment in Word from your bridgew.edu account, with "PHIL222 Final Exam" in the subject line.  You have until 11:00am Eastern time, Thursday 5/3

 

1.    Explain Hohfeld’s distinctions between different sorts of rights.  Make all further distinctions which seem appropriate.  Explain the sorts of duties implied by each sort of right.

2.    Explain the theory of original intent as it pertains to legal interpretation.  Give a few objections to the theory.  Either explain why these objections undermine the theory, or defend the theory against those objections.

3.    What are the leading theories of the nature of punishment?  Explain Posner’s “economic” theory of incentives.

4.    What is your view of the responsibility of the defendants in Director of Public Prosecutions v. Morgan?  Explain.

5.    You recently watched the film 12 Angry Men.  Some have said this film is a celebration of the Anglo-American system of trial by jury.  Others have claimed it is an indictment of the jury system.  Which would you say, and why?