Natural Law theory

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

1. What is the 'plain-fact' view of law?

  • The only Law is that in statutes and judge-made Law is illegitimate
  • Law cannot be moral as morality varies with opinions and Law must be fact
  • Law is always a matter of historical fact and never morality
  • Law cannot be reduced into simple rules
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2. What do natural law theorists believe?

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

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

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

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

  • The 7 objective goods are not necessarily moral
  • The 7 objective goods are inherent in every Law
  • 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

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

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

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