Section 1: Multiple Choice
Read the excerpt from Oren Gross’s article and answer the multiple choice question in response to the
Remember that in answering the multiple choice questions, you need to choose the BEST answer. It may be
possible that more than one answer is PLAUSIBLE, but there will be only one BEST answer; so please read
the excerpt and the questions carefully before answering.
1) In the first two sentences, Gross writes about “faith.” He suggests that:
(a) Faith and religion are important aspects of what it means to be a full human in today’s world, separating
ourselves from others different from us.
(b) Faith is required as “fundamental” to be “victorious” over those who lack faith, uniting ourselves especially
in times of crisis.
(c) In times of crisis it is important to have faith in our values as they apply to those both similar to us, but
importantly also to those different from us.
(d) Times of crisis are also known as “crises and exigences” and “the face of adversity.”
2) In the two sentences immediately following the quotation from Emily Dickinson, Gross claims that:
(a) In times of crisis, usually we focus on constitutionality and separation, but we should also look very closely
at what underlies our assumptions about emergencies.
(b) In emergency situations, we often get distracted by looking at two things, when instead we should focus on
(c) Basic assumptions underlie things. Those basic assumptions are interesting.
(d) Our faith in the paradigm of constitutionalism and the possibility of separation is misguided.
3) In the portion of paragraph 2 beginning with “The proposed Extra Legal Measures Model…” and ending with
“…when responding to emergency situations” suggests that the Extra Legal Measures model is:
(a) A solution to overlap and overtake regular emergency measures covered off in constitutional models of
(b) Seeking to offer an additional model for use in truly exceptional situations.
(c) A way to avoid ever solving problems by going beyond the legal order.
(d) Offering a rejection of typical discourse around emergency powers.
4) As Gross closes out his article, he thinks that the timing of articulating his Extra Legal Measures Act is:
(a) Unnecessary, given 9/11
(b) Inappropriate, given 9/11
(c) Irrelevant, given 9/11
(d) Timely, given 9/11
Multiple Choice Answers:
Section 2: Short Critical Writing (60 marks)
Briefly describe the main features of Oren Gross’s Extra-Legal Measures Model and then explain with at least
one supporting reason if you believe the Model is a sound as a response to threats of violent crises.
All you need to do is identify one or two strengths or weaknesses in the Model. You do not need to list every
possible strength or weakness. However, you must justify your answer. For example, if you think that Gross’s
view of public officials as subscribing to an ‘ethic of responsibility” is naïve, then you must give an example
perhaps drawn from real life or from an example within his own article to illustrate the problem. If you draw from
his article, then don’t forget to cite the relevant page etc
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