Test 1 questions The test will consist of two questions.

The first question will be a shorter version of 1 below, and the second question will be a short version of 2 below. (If any modifications are made to 1 and 2, it will be done at the latest by Tuesday evening.) You can use a cheat sheet: 2 sides (or 2 sheets, one-sided), 8.5x11, 12 font

1. Explain Aquinas conception of human beings as beings who have innate knowledge of the natural

law. Given this conception of human beings, why does Aquinas think (human) laws are necessary? (16) Why is Aquinas account of (human) laws a teleological account? (Mention an analogous case, e.g., a knife). Explain what the common good is for Aquinas. Given Aquinas teleological account of laws, how are we to understand, for instance, a law that prohibits bodily harm to others? Why is coercive power an essential feature of law for Aquinas? Explain how Aquinas arrives at the conclusion that which is not just seems to be no law at all. (19) For Aquinas, who should make (human) laws, and are they obligated to obey those laws? difference between laws and positive morality? How does Austins conception of laws allow him to maintain the positivists distinction between law as it is and law as it ought to be? According to Hart, how does Natural Law by blurring this distinction lead to either anarchistic or reactionary ways of thinking? Is this a good objection to Natural Law? What is Harts objection to Austins account of our obligation to obey the law? How do Harts internal and external points of view allow him to account for our obligation to obey the law? How does Hart defend his view of the minimum content of Natural Law? How is he able to maintain this view and remain a positivist? For Hart how does the existence of power conferring laws present a difficulty for Austins command theory of laws? Explain why Hart believes that laws require not only primary rules of obligations but also secondary rules. Explain what the rule of recognition is.

2. Explain Austins conception of laws as commands. Given this conception of laws, what is a key

3. What is Austins account of the obligation that inferiors have to obey the law? Explain