Questions on Law Lecture One: What is Law? 1. In our thinking the idea of law is closely connected with other basic notions, with those of _____________________, ____________________, __________________ and _______________. 2. And he comments on this by saying that "when we manage our contests or differences by _______________, the thing we call 'peace' reigns. But when we have to manage our differences or our contesting by _______________, then we have war." And he goes on to say, "Where the one settling things by law ends, the other settling them by force always begins. The reign of law is the reign of _______________; the absence of law is _______________." 3. The opposition in our minds between the _______________ and the _______________ is an opposition between _______________ on the one hand and _______________ on the other. 4. The three things are that the law is always a _______________ that it is a _______________ , and that it's the sort of rule which is an ______________________________ of a community of men. 5. A particular decision is not a law because it is not _______________ . A scientific "law" or generalization is not a law because it is not a _______________ . 6. The word "law" divides into two kinds of general statements: _______________ general statements and _______________ general statements. Descriptive general statements which are called laws are scientific generalizations. They are statements which describe how things _______________. And such statements cannot be disobeyed; they are the inviolable laws of nature. Here as Immanuel Kant said, "We have law in the sphere of physical nature, in the sphere of things bound by necessity." But if we turn to law in the other sense, law as prescriptive, we then come to something quite different from scientific statements. These are legal rules when they are _______________. They state not how things do behave but how men _______________. 7. Because law is the principle of _______________ in a society. And what do we mean by that? We mean that it actually brings a one, a community, a _______________ out of the many. You all know the phrase on all the coins we use, e pluribus unum, making a one out of a many. Well, a one cannot be made out of a many without law; for law is what______________________________ of individuals in such a way that they can live together and act together. Law can produce the _______________ of a multitude of men for a ______________________________ rather than for their ______________________________ 8. I'll begin with the view of law taken by Thomas Aquinas in the thirteenth century. It was held by Aristotle in the fifth century B.C. It was held in the eighteenth century by John Locke, the great English political philosopher, and by our own founding fathers. This view can be stated in the following way: "Law is a rule made for the _______________ of a community, grounded in _______________, instituted by the will of a ______________________________ and having ______________________________ ." 9. And the law binds good men through its _______________ and _______________ in _______________ . But _______________ it must bind by the application of its _______________ and by their _______________ .

10.And according to Ulpian, the statement of the nature of law is as follows, a magnificent statement of the opposite view: "That which pleases the prince has the force of law." You can substitute for "prince," "government," or "party" and "power." That which _______________ the prince has the force of law. It need not be for the _______________. It can serve the interests of the _______________ man, of the prince, the dictator, or the party in power. It need not be grounded in _______________. It can be a rule imposed by _______________ of a prince or by anyone who has the power to enforce a rule. The prince need not have _______________ by consent or as a representative of the people. He can seize power as a tyrant does. The law then is merely an expression of _______________, an expression of _______________. And hence, such laws bind all people in one way and one way only, by their _______________, by the fear of punishment they arouse. And so far as their attitude towards law is concerned, it obliterates the distinction between good and bad individuals subject to law. 11.And because it combines _______________ and coercive force, it binds human beings both in their _______________ to obey it and through fear of punishment. It binds good men in their conscience and bad men through fear. Such law is certainly what we regard as a reasonable thing. It is law looked upon as ______________________________ . 12.The opposite picture of law is the view taken in the ancient world by men like Ulpian, in our time, in the modern world, by the great English philosopher Thomas Hobbes or by Mr. Justice Holmes. The law is something imposed by _______________, not grounded in reason, strictly imposed by_______________. Since it is imposed by the will and the will alone, it is something which has _______________ and no authority except the authority of force itself. And it binds through_______________, not in conscience. Such law is what we mean by _______________. Let me emphasize this. When law has authority it is reasonable law; when law is imposed by the will it is _______________. The very meaning of imposed by the will is the meaning _______________. 13.The position of Thrasymachus in Plato's Republic is the same in essence as the position of Ulpian or of Thomas Hobbes or of Mr. Justice Holmes, or of anyone that holds that law is an expression of _______________, not _______________. Lecture Two: The Kinds of Law 1) What most people mean when they say the unwritten law is the ___________________ , though sometimes they understand by the unwritten law the ___________________ which have the force of law. 2) Let's first look at divine law; and there I think we will see that there is a threefold distinction in the subjects of divine law. Divine law, or one part of it at least, is that which is ___________________ to man. Man is the only subject of this law, only man receives a law like the Ten Commandments from God. A second part of the divine law is, as the theologians tell us, that part which exists in the very natures of things. As God created things, the very laws of their nature He created. And this is the sense in which we speak of the laws of nature's God and these laws, the laws in all other things outside of man, other than man, which are in them by their very creation, are _______________________ discovers when he discovers the laws of their properties or the laws of their action. And there is a third part of divine law, that part

which is specially present in man in his creation because God created man, the theologian tells us, as a creature with free will and with moral sensibility. This is the ___________________ of human nature. It is often called the natural moral law and it is different from the law of inanimate things or the law of other living things. 3) Now I want to give you two names that carry this distinction between laws which are discovered by men and laws which are made by men. I want to use the two phrases "natural" and "positive." I want to call the laws which humans discover ___________________ and the laws which humans make, ___________________ . And the word ___________________ simply means that humans institute these laws. 4) All the great religious martyrs of history, all the great political reformers, men like Thoreau in our country or Gandhi in India, or people who disobeyed the________________________________ because they were obeying some higher law, they appealed to a higher law, the law of their conscience or the law of God. This raises a problem about good and bad laws, just and unjust laws. Listen to this statement I'm going to make now. If man-made laws are bad when they violate the___________________, ___________________, ___________________ then does it not follow that man-made laws are good when they are in agreement with, based upon, somehow derived from the higher law, the law of God or the law of nature? Does this statement I've just made solve the problem? It does solve the problem of good and bad laws, just and unjust laws for those who accept the existence of a higher law and think that the positive law of the state should somehow be related to it and derived from it. But for those who deny a higher law, for those who say there is no ___________________ or ___________________, it doesn't solve the problem. And for them there still remains the problem of what makes a law good and bad, what makes a law just or unjust. Now this is the central issue in the philosophy of law, the issue about natural law, the natural moral law as against the positive law of the state. Lecture Three: The Making of Law 1) Our two preceding discussions of law have direct bearing on today's problem. Our consideration of how human laws are made is certainly affected by the two deeply opposed views of what the human law is, whether it is, on the one hand, something grounded in ___________________ or, on the other hand, something that is merely imposed by___________________ of those who have_________________ to enforce law. Our investigation is also affected by the two views about how human law, the positive law, is related to the natural law-the view that the positive law is ___________________ somehow from the natural law as against the view that the positive law has ___________________ to the natural law (the standpoint of those who either deny that there is a natural law or maintain that if there is a natural law it has no bearing on the making of positive law). 2) The question is, from this first principle, this most general rule of conduct, how are further rules of conduct derived? The answer seems to be: in two ways. First, by ___________________ ; second, by ___________________ . 3) The conclusion that killing is wrong or that stealing is wrong is a conclusion that any man can reach for himself. It is a simple ___________________ from this first principle, "Harm no one or leave each man in the possession of what belongs to him." And these rules, "Kill no one, steal from no one," are often called the ___________________ of the natural law.

4) According to this understanding of how law is made, a law is a law in ___________________ , if it fails to satisfy two conditions. First, it is a law in name only if it is not properly derived from ___________________ in one of two ways, either as the law of homicide or larceny is derived from the natural law or as the traffic regulations are. And second, it is a law in ___________________ if it is not made in ___________________ either by the whole people or by their representatives, having ________________________________. Lecture Four: The Justice of the Law 1) Let me begin by considering justice in the application of law, as courts decide cases and apply laws to particular cases. What is justice? I think we all know what justice is in this connection; justice consists in ___________________ and ___________________ , treating ___________________ alike, respecting no persons over other persons, no ___________________, acknowledging no privileged classes before the law. 2) Now let me go to the second point we want to take up, justice in the making of laws. And here the principle is that the law is justly made if it is made by the ___________________ in the ___________________ and for the ___________________ . What is the right end of making laws? The___________________, not the ___________________ of any person. Who is the right maker of the laws? We've answered that before: either the whole people or their ______________________________________ . In other words, for the law to be rightly made, it must be made by duly constituted authority. And how shall the law be rightly made? It is that it be done by ___________________ or within the ______________________________________ granted the lawmaker by the Constitution. In this sense you can see that in our government at least, and any government that is constitutional, the ___________________ of a law is almost the same as saying the ___________________ of a law. 3) Now let me pick up once more where Mr. Knott took us, the problem of justice in the very substance of laws. Here the standard is twofold. First of all, there is a standard of ___________________ in the very wording of the law and the very formulation of the law. And secondly, the standard of ___________________ that the law should conform to ___________________ . There are two points of view here, two absolutely conflicting points of view. Some men suppose that all rights are ___________________ , that all the rights that human beings have are granted to them by ___________________ under its laws. And the state is in the position to take these rights away; just as it grants them, it can take them away. The opposite point of view affirms that there are ___________________ , rights that are unalienable, that are neither granted by the state initially nor able to be taken away by the state. According to this point of view, that state is most___________________ whose laws do ___________________ . And that state is unjust whose laws violate natural rights.