13 terms

GLE26 -- Evaluating Rules and Laws

26. List and apply criteria for evaluating rules and laws (C-1A-M7)
STUDY
PLAY
Utilitarian
Does the law promote the greatest balance of good (pleasure) over evil (pain)?
Constitutional
Is the law compatible with the Constitution? Does the law violate the Constitution?
Originalist
School of thought on the Constitution; asks ""What did the Founders intend?"
Living
School of thought on the Constitution; sees the Constitution as a document to be interpreted to suit current trends. Known as the "___ Constitution" approach.
hedonic calculus
A utilitarian approach could lead to some violations of liberty, unless liberty is highly valued as a good in the "___."
Mills
A proponent of the utilitarian philosophy of ethics.
Natural Law
Look to the order of the world and the conscience for guidance in making laws. Proponents include Aristotle, Paul of Tarsus, Augustine, Aquinas, Hobbes, Locke, and the Founding Fathers.
Positive Law
Law is man-made and may be adapted to the current needs or wants of society. The formal name of the "living Constitution" approach to interpreting the Constitution."
logic
Chief Justice Oliver Wendell Holmes, Jr. supported positive law over natural law in his book The Common Law: "The life of the law has not been ___ but experience."
Marxist
Focused on the even distribution of wealth. Brutality and violence are accepted as means of class warfare.
Animal Farm
Under Marxism, as George Orwell points out in ___, some are more equal than others.
Machiavellian
Laws are simply useful tools for the ruler (The Prince). The ruler is not subject to his own laws. Laws should enhance the ability of the ruler to force his will on the people.
Human rights
___ are not highly valued in Marxism.