01:790:373 Study Guide - Midterm Guide: Slot Machine, Lochner V. New York, Industrial Revolution

• School: Rutgers University
• Department: Political Science
• Course: 01:790:373
• Professor: mcfall

Document Summary

18. primitive legal system: legal system devoid or bereft of secondary rules, defects include, uncertainty lacking secondary rule of recognition, static character of rules lacking secondary rule of change, inef ciency of maintenance lacking rules of adjudication. 19. why is treat like cases alike and different cases differently an empty formulation according to hart: the precept to treat like cases alike and different cases differently is central to the concept of justice but. 21. does hart think that nazi law was law: hart would agree that nazi law was in fact law, law is not based on morality, because the sovereign follows the proper secondary laws, nazi law is law. 25. is judge foster a natural law theorist? (fuller) This is impossible because the existence of a court entails the existence of secondary rules which make the judges rules authoritative and which are imposed on the individual.