Western Legal Tradition

Final Examination

73.110 — Professor Fagelson

May 4, 2006

 
 

 

Instructions:

 

1.         Answer TWO of the questions below. Each answer should be an essay which has a conclusion supported by reasons that are taken from the readings, class lectures and class discussions. No other sources are expected or encouraged.

 

2.         Your answers must be typed and no more than 500 words for each essay. Please give a word count at the bottom of each essay. Answers are due in the class Blackboard drop box by Thursday, May 4 by 11:00 AM. You may also submit an additional copy of the exam to the Justice Law and Society front desk by the same deadline. You are still required to send a copy to the electronic drop box.


 

Questions


 

1.         Given what you know about human nature, evaluate and critique :Locke And Rousseau’s idea of social contract. Do you think a rational person would make the sort of choices either of them envision. Why or why not?.

 

2.         King Kanute passed a law to prevent the tide from coming in. Compare and contrast this edict with the UN Charter of Human Rights to explain how these two rules are the same or different in their status as law.*

 

3.         Explain and critique the views of Aquinas, Augustine and Cicero about the possibility of achieving a just legal order on Earth. Consider the role that self interest plays, according to each of them, in hindering or advancing the human capacity for justice.


 

* NOTE: You do not have to know anything about King Kanute To Answer This Question