Natural Law and Legal Positivism

What is natural law?
the belief that morality and law are linked, there is underlying morality to legal norms and standards. It stems from religious practice and rose again after WWII.
1 of 7
What is an example of law that is not natural law?
The Nuremburg Laws (Germany WWII) since they were legal but not moral
2 of 7
What is Legal separatism?
The separation of law and morals, any moral value that the law bay have is merely contingent
3 of 7
What does Hart say about Legal positivism?
there were moral concerns about Nazi laws and practices, but that doesn't change practical reality that it was law. It doesn't cease to be law just bc it's problematic or immoral
4 of 7
What is Hart's rule-based theory?
Law consists of rules which form a normative regulatory structure, existing in a system divided into two sets: primary and secondary.
5 of 7
Primary- Govern and conduct (duty imposing)
Secondary- allows a reaction and alteration of primary rules (power confirming)
6 of 7
What are the types of secondary rules?
Rule of change- empower officials to make primary rules. Rules of adjudication- authoritative determinations of the question of whether a rule has been broken. Rule of recognition- which rules are not part of legal system.
7 of 7

Other cards in this set

Card 2

Front

What is an example of law that is not natural law?

Back

The Nuremburg Laws (Germany WWII) since they were legal but not moral

Card 3

Front

What is Legal separatism?

Back

Preview of the front of card 3

Card 4

Front

What does Hart say about Legal positivism?

Back

Preview of the front of card 4

Card 5

Front

What is Hart's rule-based theory?

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Foundations of Law resources »