Natural Law theory

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

1. What do natural law theorists believe?

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

2. What is the link Finnis makes between Law and the 7 objective goods?

  • Law will seek to implement requirements of practical reasonableness which allow us to achieve these goods
  • The 7 objective goods are inherent in every Law
  • The Law must be moral if we are to achieve the 7 objective goods
  • The 7 objective goods are not necessarily moral

3. What is Dworkin's major flaw in his criticism of positivism?

  • He misinterpreted the decision in Riggs v Palmer
  • He assumes that all positivists commit to the 'plain-fact' view when this is not the case
  • He disregards the separability thesis
  • The plain-fact view of law does not say morality can never be a basis for law

4. What is the 'eternal law' as described by Aquinas?

  • The enterprise of subjecting conduct to the governance of rules
  • God directs everything towards it's optimal end
  • An emphasis on natural rights
  • Law is always a matter of historical fact and never morality

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

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

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