ENH 121 Lecture Notes - Lecture 1: Rule Utilitarianism, Kantianism, Natural Justice
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QUESTION 32
What did the old tort theorists conclude was the overriding question that the Ć¢ĀĀold lawĆ¢ĀĀ asked, in accord with their assumptions regarding it?
How did one know when a customer must be identified as the recipient of the costs? | ||
How did the parties agree to allocate the costs of the accident? | ||
How would a party know when it would have to pay uncovered liabilities? | ||
How would a party know in what cases it was supposed to insure itself? |
0.5 points
QUESTION 33
Huber discusses Ć¢ĀĀthe Founders,Ć¢ĀĀ meaning:
The original theorists of ecology | ||
The Founding Fathers | ||
The founders of modern tort law | ||
The first moral theorists |
0.5 points
QUESTION 34
A crucial case for Huber is the defective Shopsmith in:
Posner | ||
Greeman | ||
Prosser | ||
Calabresi |
0.5 points
QUESTION 35
Why does Dowie think that FordĆ¢ĀĀs cost-benefit analysis is a moral problem?
It places a dollar value on human life. | ||
It is dishonest and includes lies about the Pinto's safety. | ||
It shows that Ford made the Pinto unsafe on purpose. | ||
Dowie doesn't actually think that Ford was morally wrong. |
0.5 points
QUESTION 36
WerhaneĆ¢ĀĀs main point about the Pinto case is that:
Ford was completely innocent of wrongdoing. | ||
A powerful narrative like DowieĆ¢ĀĀs article can bring the truth to a wider audience. | ||
Ford was completely responsible for the deaths caused by Pintos. | ||
A powerful narrative like DowieĆ¢ĀĀs article can skew our perception of the facts. |
0.5 points
QUESTION 37
Thomson considers this rule: liability is to be shared between the actual harm-causer and anyone else who acted:
Reasonably | ||
Justly | ||
Negligently | ||
Defensively |
0.5 points
QUESTION 38
Thomson outlines three things a plaintiff must show in order to win his case. All of the following are discussed EXCEPT:
The plantiff suffered from harm or loss. | ||
An act or omission of the defendant caused the harm or loss. | ||
The defendant is at fault in so acting or refraining from acting. | ||
None of the above. |
0.5 points
QUESTION 39
Ciulla contends that the failure of leaders:
Can be excused. | ||
Are often exaggerated. | ||
Seem more "extravagant" than those of nonleaders. | ||
Carry more "weight" than those of nonleaders. |
0.5 points
QUESTION 40
Ciulla argues that American writers used to pay more attention to the moral virtues of leaders than to:
Their chiseled features. | ||
Their personality traits. | ||
Their victories and successes. | ||
Their hopes and dreams. |
0.5 points
QUESTION 41
Ciulla points out that while history portrays many leaders as winners, what is rarely questioned?
The intentions of the leader. | ||
The ideological motives. | ||
The needs of the leader. | ||
All of the above. |
0.5 points
QUESTION 42
Which is the area in which leaders must be more Ć¢ĀĀmeticulous,Ć¢ĀĀ according to Ciulla, than ordinary people?
Consistency | ||
Truthfulness | ||
Legal Record | ||
Personal Relationships |
0.5 points
QUESTION 43
We often characterize leaders, in CiullaĆ¢ĀĀs view, according to what?
Their ability to stay out of conflict. | ||
Their ability to benefit the most people. | ||
Their ability to lead. | ||
Their ability to bring about change. |
0.5 points
QUESTION 44
Robinhoodism is what, for Ciulla?
Stealing from the poor and giving to the middle class. | ||
Leading a brand of social "rebels" motivated by social privileges. | ||
A type of Machiavellianism. | ||
All of the above. |
0.5 points
QUESTION 45
When Machiavelli uses the metaphor of Ć¢ĀĀthe lion,Ć¢ĀĀ he is referring to what?
Destroying the strategy of an opponent. | ||
Courage. | ||
Using fear as a weapon. | ||
Using love to motivate one's soldiers. |
0.5 points
QUESTION 46
According to Machiavelli, when Ć¢ĀĀa Prince is with his army, and has many soldiers under his command,Ć¢ĀĀ he needs a certain reputation to keep his command together. He needs a reputation for:
Kindness | ||
"The Beast" | ||
Cruelty | ||
Morality |
0.5 points
QUESTION 47
Is it better to be loved or feared, according to Machiavelli, and why?
Feared, because that depends on the Prince and the people. | ||
Loved, because that depends on the Prince alone. | ||
Loved, because that depends on the Prince and the people. | ||
Feared, because that depends on the Prince alone. |
0.5 points
QUESTION 48
Machiavelli insists that the Prince should Ć¢ĀĀdo his utmost to escapeĆ¢ĀĀ:
Harm | ||
Power | ||
Enemies | ||
Hatred |
0.5 points
QUESTION 49
Machiavelli would argue that for the Prince, lying is:
Never expedient. | ||
Always wrong. | ||
Always good. | ||
Sometimes necessary. |
0.5 points
QUESTION 50
Ludwig and Longenecker use the story of David and Bathsheba as a lesson in what, as it applies to being in a position of leadership?
Success | ||
Chastity | ||
Temptation | ||
Delegation |