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

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

3. How did Hugo Grotius justify the French Revolution?

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

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

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

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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