Natural Law theory

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

1. What is Hart's criticism of Fuller?

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

2. John Finnis distinguishes between the...?

  • Good and Bad Laws
  • Focal and Secondary meanings of Law
  • Procedural and Substantive accounts of Law
  • Moral and Immoral accounts of Law

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

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

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

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

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

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

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