Natural Law theory

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

1. For Fuller, what is the link between law and morality?

  • Laws are rules of conduct and so must be moral to uphold society
  • Judges always resort to moral principles to decide legal cases
  • Law must adhere to the principles of legality, which is a moral ideal
  • If laws aren't moral, they will not be followed
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2. What is Hart's criticism of Fuller?

  • Procedural defects do not always render law useless
  • The principles of legality only apply to the effectiveness of the law
  • The principles of legality are not always moral
  • Law cannot be moral and procedurally fair

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

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

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

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

5. 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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