BrainTok
ENESIT

Theory of Law: Concept and functions of law · Law, Morality and Social Norms

What sets legal norms apart from morality, custom and etiquette, and how classic theorists defined law.

For learning, not legal advice: for your own case, ask a lawyer.

Theory of Law · 25 questions

Try 3 questions

1. What most clearly distinguishes legal norms from rules of etiquette?

  1. Organized, institutional enforcement
  2. Legal norms are always morally right
  3. Legal norms are always written
Show the answer

Answer: Organized, institutional enforcement

Etiquette relies on informal reactions, while law is backed by institutions (courts, officials) that apply sanctions. Customary law can be unwritten, and some laws are morally neutral.

2. Following Kant, moral norms are called autonomous. What are legal norms called, and why?

  1. Heteronomous, since an external authority imposes them
  2. Internal, since they bind conscience
  3. Unilateral, since they bind one party
Show the answer

Answer: Heteronomous, since an external authority imposes them

Moral duties are ones the agent gives to themselves through reason; legal duties bind whether or not the person endorses them, because they come from outside.

3. Classical legal theory says law, unlike morality, is concerned mainly with what?

  1. Only agreements signed in writing
  2. Inner thoughts and motives
  3. Outward conduct, not thoughts alone
Show the answer

Answer: Outward conduct, not thoughts alone

This is the exteriority of law: a wicked thought that never becomes action is not a legal wrong, though intent can matter once conduct occurs.

The rest of the quiz, a few questions at a time

BrainTok asks a few questions from quizzes like these before the apps you choose open, so your screen time turns into learning. For iPhone.

Join the beta

More Law quizzes