1. What are the two styles of common law judges reasoning put forward by Llewellyn?
- Deductive and Inductive
- Grand and Formal
- Democratic and Non-Democratic
- Reasoned and Valued
1 of 15
Other questions in this quiz
2. What is Hart's major criticism of Llewellyn's theory?
- Precedents can be interpreted differently
- Eternal factors are explanations for judicial decision-making
- It leaves out the normativity of law as being guides to conduct
- It does not fit our legal practices
3. According to Oliver Wendell-Holmes, who must we look at the law as?
- The law-maker
- The bad man
- The good man
- The moral man
4. What is the realist argument against rules have definitive outcomes?
- Rules are not always moral so outcomes are unfair
- The amount of rules means there is a large amount of support for both sides in a case
- Judges will deliberately ignore some rules in favour of others
- There is no consensus on what rules should contain
5. The judicial task originally involved...?
- Only applying the Law which is present in statutes
- Going beyond their powers and making new Law where Parliament has failed to act
- The mechanical, uncontroversial derivation of legal conclusions without regard to consequences
- Using their own moral judgements to decide cases