Legal Pragmatism

Description: Legal Pragmatism Quiz
Number of Questions: 15
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Tags: law legal theory legal pragmatism
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Who is considered the father of legal pragmatism?

  1. Oliver Wendell Holmes, Jr.

  2. John Dewey

  3. Charles Sanders Peirce

  4. William James


Correct Option: A
Explanation:

Oliver Wendell Holmes, Jr. is widely regarded as the father of legal pragmatism, a school of thought that emphasizes the practical consequences of legal rules and decisions.

According to legal pragmatism, what is the primary purpose of law?

  1. To promote justice

  2. To protect individual rights

  3. To maintain social order

  4. To facilitate social change


Correct Option: D
Explanation:

Legal pragmatists argue that the primary purpose of law is to facilitate social change and progress, rather than to simply uphold abstract principles of justice or fairness.

What is the role of judges in legal pragmatism?

  1. To interpret the law strictly according to its text

  2. To apply the law in a way that promotes justice

  3. To consider the social and economic consequences of their decisions

  4. To make law based on their own personal beliefs


Correct Option: C
Explanation:

Legal pragmatists believe that judges should consider the social and economic consequences of their decisions when interpreting and applying the law.

How does legal pragmatism differ from other schools of legal thought, such as natural law or legal positivism?

  1. It emphasizes the practical consequences of legal rules and decisions.

  2. It rejects the idea of objective moral values.

  3. It argues that law is created by judges, not by legislatures.

  4. It focuses on the historical development of legal doctrines.


Correct Option: A
Explanation:

Legal pragmatism differs from other schools of legal thought in that it emphasizes the practical consequences of legal rules and decisions, rather than focusing on abstract principles of justice or fairness.

What are some of the criticisms of legal pragmatism?

  1. It is too subjective and unpredictable.

  2. It ignores the importance of justice and fairness.

  3. It gives too much power to judges.

  4. It is too focused on the present and neglects the past.


Correct Option:
Explanation:

Legal pragmatism has been criticized for being too subjective and unpredictable, for ignoring the importance of justice and fairness, for giving too much power to judges, and for being too focused on the present and neglecting the past.

Despite its criticisms, legal pragmatism has had a significant impact on the development of law in the United States. What are some examples of how legal pragmatism has influenced American law?

  1. The rise of judicial review

  2. The development of the common law

  3. The adoption of the Fourteenth Amendment

  4. The creation of the administrative state


Correct Option:
Explanation:

Legal pragmatism has had a significant impact on the development of law in the United States, including the rise of judicial review, the development of the common law, the adoption of the Fourteenth Amendment, and the creation of the administrative state.

Which of the following is NOT a characteristic of legal pragmatism?

  1. It emphasizes the practical consequences of legal rules and decisions.

  2. It rejects the idea of objective moral values.

  3. It focuses on the historical development of legal doctrines.

  4. It is a relativist theory of law.


Correct Option: C
Explanation:

Legal pragmatism is a relativist theory of law that emphasizes the practical consequences of legal rules and decisions, and rejects the idea of objective moral values. It does not focus on the historical development of legal doctrines.

According to legal pragmatism, what is the best way to determine the meaning of a legal rule?

  1. To look at its plain meaning.

  2. To consider its purpose and context.

  3. To rely on precedent.

  4. To ask a judge.


Correct Option: B
Explanation:

Legal pragmatists argue that the best way to determine the meaning of a legal rule is to consider its purpose and context, rather than to rely solely on its plain meaning or precedent.

Which of the following is NOT a prominent legal pragmatist?

  1. Oliver Wendell Holmes, Jr.

  2. John Dewey

  3. Charles Sanders Peirce

  4. H.L.A. Hart


Correct Option: D
Explanation:

Oliver Wendell Holmes, Jr., John Dewey, and Charles Sanders Peirce are all prominent legal pragmatists. H.L.A. Hart is a legal positivist, not a legal pragmatist.

Legal pragmatism has been criticized for being too ________.

  1. Subjective

  2. Unpredictable

  3. Relativist

  4. All of the above


Correct Option: D
Explanation:

Legal pragmatism has been criticized for being too subjective, unpredictable, and relativist.

Despite its criticisms, legal pragmatism has had a significant impact on the development of law in the United States. Which of the following is NOT an example of how legal pragmatism has influenced American law?

  1. The rise of judicial review

  2. The development of the common law

  3. The adoption of the Fourteenth Amendment

  4. The creation of the administrative state

  5. The establishment of the Supreme Court


Correct Option: E
Explanation:

The rise of judicial review, the development of the common law, the adoption of the Fourteenth Amendment, and the creation of the administrative state are all examples of how legal pragmatism has influenced American law. The establishment of the Supreme Court is not an example of legal pragmatism's influence.

According to legal pragmatism, what is the role of law in society?

  1. To promote justice

  2. To protect individual rights

  3. To maintain social order

  4. To facilitate social change

  5. All of the above


Correct Option: E
Explanation:

According to legal pragmatism, the role of law in society is to promote justice, protect individual rights, maintain social order, and facilitate social change.

Which of the following is a key concept in legal pragmatism?

  1. The rule of law

  2. Judicial review

  3. The common law

  4. The separation of powers

  5. The living law


Correct Option: E
Explanation:

The living law is a key concept in legal pragmatism. It refers to the idea that law is not static, but rather evolves and changes over time in response to changing social conditions and values.

Legal pragmatism has been influential in the development of which areas of law?

  1. Constitutional law

  2. Criminal law

  3. Tort law

  4. Contract law

  5. All of the above


Correct Option: E
Explanation:

Legal pragmatism has been influential in the development of constitutional law, criminal law, tort law, contract law, and other areas of law.

Which of the following is NOT a criticism of legal pragmatism?

  1. It is too subjective.

  2. It is too unpredictable.

  3. It is too conservative.

  4. It is too radical.


Correct Option: C
Explanation:

Legal pragmatism has been criticized for being too subjective and unpredictable, but it has not been criticized for being too conservative or too radical.

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