Natural Law theory

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  • Created by: Launston
  • Created on: 12-05-14 16:17

1. What is Lloyd Weinreb's criticism of Finnis' theory?

  • He doesn't say the degree of specificity the laws will take
  • Just law is not central, as this disregards evil law throughout history
  • He does not state what makes the 7 objective goods valuable
  • It is a moral theory and the reasoning is not law-like
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2. What do natural law theorists believe?

  • Law is always a matter of historical fact and never morality
  • There is a rational order which exists and is discoverable by human reason
  • Legal reasoning is a myth and value-judgements are adopted
  • Law and morality does not necessarily coincide

3. According to Lon Fuller, Law is the enterprise of...?

  • Providing a second order reason for us to act
  • Subjecting human conduct to the governance of rules
  • Determining standards through conformity to accepted criteria
  • Judges relying on value-judgements to decide cases

4. Which case does Dworkin use in his criticism against the 'plain-fact' view of Law?

  • R v Latimer
  • Riggs v Palmer
  • Smith v Hughes
  • Jackson v Attorney General

5. According to Fuller, what makes laws a failure?

  • Principles of legality
  • Procedural defects
  • Historical sources
  • Moral reasoning


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