Question
1.Describe colonial law in the 17 th century 2.Describe colonial law in the 18 th century 3.Describe post-Revolutionary war, 19 th century law 4.What is
1.Describe colonial law in the 17th century
2.Describe colonial law in the 18th century
3.Describe post-Revolutionary war, 19th century law
4.What is the philosophy of utilitarianism?
5.Utilitarianism requires us to consider what's good for most people, instead of what's good for those who are close to us, or for ourselves. Do you think this is a problem?
6.What is common law?
7.What is legal positivism?
8.What were the 2 objections Bentham anticipates to his proposal to draft the code for Madison, and what are his responses to those objections?
9.Bentham envision a lot of discretion for judges, but enough structure so they cannot exercise arbitrary power. Today, New York judges have less discretion in sentencing than they used to. How much discretion do you think judges should have?
10.What does Bentham mean by using people can be their own lawyers it they understand the code?
11.What are the advantages and disadvantages of acting as your own lawyer?
12.What do you think of Bentham's idea of publishing his code in cheap books and reading it out loud in public places?
13.Do you think the law is accessible enough for new Yorkers today?
14.What is law of constant concern?
15.What does Bentham believe is the problem with relying too much on common law?
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