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Con Law
Exam one
| Question | Answer |
|---|---|
| In the parable of the madman who is searching for God in §125 of Nietzsche's The Gay Science (1887), the madman states the following: "God is dead. God remains dead. And we have killed him. How shall we comfort ourselves, the murderers of all murderers? W | We must, by the force of our will, become gods ourselves. As the madman says, "Must we ourselves not become gods simply to appear worthy of it?" |
| Name the appropriate society. The class conflict for this society involved a conflict between citizens, as thesis, and slaves, as antithesis. The synthesis was an enriched nobility. | Ancient society |
| Name the author of this quotation: "Man will become immeasurably stronger, wiser and subtler; his body will become more harmonized, his movements more rhythmic, his voice more musical. The average human type will rise to the heights of an Aristotle, a Goe | Trotsky |
| Name the author of this quotation: "Socialism is the philosophy of failure, the creed of ignorance, and the gospel of envy." | Churchill |
| Name the author of this quotation: "The present generation resembles the Jews whom Moses led through the wilderness. This generation must not only conquer a new world, it must also perish in order to make room for the people who are fit for a New World." | Marx |
| Name the author of this quotation: "The state is an instrument for coercion ... We want to organize violence in the name of the interests of the workers." | Lenin |
| Name the author of this quotation: "The theory of communism may be summed up in a single phrase: abolition of private property." | Marx |
| Name the philosopher who wrote that "Rightly constituted laws should / must be the final sovereign." | Aristotle |
| Name the philosopher who wrote that political society is based on consent. Therefore, there is no legitimate power without the consent of the governed. | John Locke, The Second Treatise on Civil Government (1689) |
| Name the philosopher who wrote that the sovereignty of law, more than any other factor, determines if a society is preserved or ruined. | plato |
| Name the second of the nine problems of liberty. | Anacyclosis |
| Name the section of the Constitution which provides as follows: "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." | Article 1, $1 |
| Paragraph 1 of the English Bill of Rights (1689) provides that the King cannot suspend laws that he dislikes. Paragraph 2 of the English Bill of Rights (1689) provides that the King cannot "dispense" with laws he dislikes. What important principle of gove | The sovereignty of law |
| Paragraph 7 of the English Bill of Rights (1689) provided as follows: "That the subjects which are Protestants, may have arms for their defense suitable to their conditions, and as allowed by law." One of the 1791 Amendments to the US Constitution provide | The second amendment |
| Philosophers and professors often commit a fallacy of reasoning when they claim universal application for a principle but fail to see the principle actually holds true only in a limited context. Dr. Tyler teaches that Karl Marx commits this fallacy in the | Philosophical fallacy |
| Please fill in these two blanks from the Prologue, § 4, of Also Sprach Zarathustra (1883): "Man is a ________ stretched between the _______ and Superman." | rope, animal |
| Please name the important American philosopher who described and explained the "analytical fallacy," also popularly known and referenced in our lecture by Dr. Tyler as the "philosophical fallacy," in his 1931 work Context and Thought? | John Dewey |
| Please select the author of the following chilling quotation: "If there remains one mandatory task for the superman, (and this only for the superman im Werden - in the process of becoming) it is that of perfecting himself, which means the elimination of a | Leon Trotsky, On the Philosophy of the Superman |
| Please select the author of the following chilling quotation: "The present generation resembles the Jews whom Moses led through the wilderness. This generation must not only conquer a new world, it must also perish in order to make room for the people who | Karl Marx, The Class Struggles in France |
| Select the work by Karl Marx that makes the following claim: All profits are theft. Goods are exchanged for exactly what they are worth. If any profit is made from the transaction, therefore, the only possible source of the prophet is the stolen surplus v | Wage Labor and Capital |
| Select the work by Karl Marx that makes the following claim: Capitalism causes four types of alienation in workers: first, alienation from the products of their labor; second, alienation from the labor process; third alienation from their bodies and human | Enstranged Labor |
| Select the work by Karl Marx that makes the following claim: The Communist revolution is now possible because, for the first time in history, society has only two classes, the bourgeoisie and the proletariat | German Ideology |
| Select the work by Karl Marx that makes the following claim: The proletariat must be rendered property-less to stimulate the revolution, which is only possible as the act of the dominant peoples "all at once." This necessary abolition of private property | German Ideology |
| Select the work by Karl Marx that makes the following claim: this work contains Marx's "labor theory of value." The value of a good or service is determined by the labor required to produce it, not by the laws of supply or demand. Since all value comes fr | Das Kapital |
| The mode of production for this society was primarily agricultural. Most products were produced for consumption, although simple commodities were also produced by artisans and merchants. Industry was monopolized by closed guilds. | Feudal society |
| This man created the first mixed constitution. It lasted 800 years. | Lycurgus of Sparta (ask) |
| This man established laws which permitted debtors to give a security interest in their person. As a consequence, Aristotle writes, the land ended up "in the hands of the few," "the many were in slavery to the few," and the many "had no part or share in an | Draco of Athens |
| This man gave his city its first set of written laws. These laws included the death penalty for idleness and stealing cabbages. Today his name has become an adjective used to describe laws in which the punishment bears no proportionality to the crime. | Draco of Athens |
| This man was a poet who gave his city a famous mixed constitution. He failed, however, to obtain the consent of the governed for this constitution, to establish a lasting separation of powers in this constitution, to provide a system of checks and balance | Solon of Athens |
| This trial took place from June 29, 1688 until June 30, 1688. The defendants were charged with sedition and libel when they presented a lawful petition to King James II. What is the name of this trial ? | The Trial of the 7 Bishops |
| Under Solon's mixed Constitution of Athens of 594 BC, what was the name of the governmental institution (or institutions) which received the final authority to resolve all disputes? This entity (or entities) destroyed the separation of powers under Solon' | The Helliastic Courts |
| What did Mark Antony's wife do to Cicero's tongue when Cicero's severed head was delivered to her? | She shredded Cicero's tongue with hat pins in vengeance for the speeches Cicero gave against Marc Antony |
| What is the 1st of the 9 problems of liberty? | Debased simple Constitution |
| What is the name given to this clause from Article VI, Clause 2 of the U.S. Constitution which establishes the sovereignty of law? "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or wh | The Supremacy Clause |
| What is the name of the Roman Senator who told a fable to the Plebeians on the Sacred Mountain during the First Secession of 494 BC to get them to return to Rome? | Menenius |
| What is the solution to the problem of debased simple constitutions? | The sovereignty of law (was wrong) |
| What is the solution to the problem of the cycle of revolutions involving debased simple constitutions? | a mixed constitution |
| What political office was established to represent the Plebeians as a result of the First Secession in 494 BC? | Tribunes |
| What was the name of Mark Antony's wife? | Fluvia |
| What was the name of the early due process protection that stayed the punishment of any Plebeian until that Plebeian's tribune was located, brought to the place of punishment, and personally approved the punishment of the Plebeian? | provocatio ad populum |
| What, if anything, did the German constitutional monarchy discussed in Hegel's The Elements of the Philosophy of Right (1820) have in common with the socialist utopia described by Karl Marx? | Both of the above ( Hegel maintained that the German constitutional monarchy was the result of a dialectical process of historical change. Marx made the same claim regarding the socialist utopia. & Hegel maintained that the German constitutional monarchy |
| Which English king attempted to force England back to Roman Catholicism during his brief reign of 1685-1688? | James II of England |
| Which of the following classes does Marx describe as being alienated in four ways? | Proletariat |
| Which of the following describes these items? Thesis, antithesis, and synthesis. | Both of the above (These are the three elements of Hegel's dialectic and These are the three elements of Marx's dialectic). |
| Which of the following important constitutional principles is established by Article I, § 7? | Checks and Balances between the President and Congress |
| Which of the following is a debased form of a simple constitution? | tyranny, oligarchy, and law flouting democracy |
| Which of the following is a noble form of a simple constitution ? | monarchy, aristocracy, and law respecting democracy |
| Which of the following is not a requirement of Cicero's valid res publica? | The people must surrender all their rights to the sovereign in exchange for a promise by the sovereign to provide security. Otherwise their lives will be poor, brutish and short. |
| Which of the following principles, if any, is established in the U.S. Constitution by (1) the Preamble, (2) Article VII establishing the process for ratification of the U.S. Constitution, and (3) Article V establishing the process for amending the U.S. Co | The consent of the governed |
| Which of the following protections is included in Amendment XIV, but is not included in Amendment V? | Equal Protection Clause |
| Which of the following, if any, have we learned from the history of class struggle in ancient Athens and the Republic of Rome? | Both A and B are true. They are demonstrated by the history of class struggle in ancient Athens and the republic of Rome. (A. Political violence will not succeed in solving the problem of class struggle B. Destruction of private property will not succeed |
| Which of the following, if any, is true regarding Zarathustra, known in the English speaking world by the Greek version of his name, Zoroaster? | All of the above are true (He lived circa 628 BC-circa 551 BC |
| - At the age of 30, he had a vision of the one god, Ahura Mazda, meaning "Wise Lord" | Zarathustra |
| - He was born into a polytheistic culture, similar to modern Hinduism | Zarathustra |
| - Zoroastrianism eventually became the official religion of ancient Persia | Zarathustra |
| - Zarathustra taught that the one god Ahura Mazda was compassionate, just, omniscient, omnipotent, omnipresent, immutable, the creator of the universe, the creator of all life, and the source of all goodness and happiness | Zarathustra |
| - The teachings of Nietzsche's character Zarathustra in Nietzsche's Also Sprach Zarathustra (1883) (Thus Spake Zoroaster) do not reflect the teachings of the historical Zarathustra) | Zarathustra |
| Who is the author of the following quotation? "Liberty is not the power of doing what we like, but the right of being able to do what we ought." | Baron de Montesquieu, The Spirit of the Laws |
| Who is the author of this famous passage? (Hint: We discussed the italicized portion in detail). "It may be a reflection on human nature, that such devices [checks and balances] should be necessary to control the abuses of government. But what is governme | James Madision, The Federalist No.51 (1788) |
| Who was responsible for the proscription that resulted in the death of Cicero? | Mark Antony, whom Cicero had persuaded the senate to declare an enemy of the state and whom cicero had attacked in a series of speeches known as the Philippics |
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tiffanyhinojoza