Natural Law theory

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

1. 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
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2. What does Dworkin say 'presents a problem' for Positivist theories?

  • The moral ideal of legality is built into our legal system
  • The fact that judges rely on value-judgements when deciding cases
  • Natural Law still retains its validity even if God does not exist
  • The secondary meaning of Law can co-exist with the focal meaning

3. How did Hugo Grotius justify the French Revolution?

  • The decision in Riggs v Palmer was unfavourable
  • People can overthrow government if natural rights are breached
  • Law must satisfy principles of legality and the government did not conform to this
  • There are objective goods which can only be pursued in communal life

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

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

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

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


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