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?

  • Law cannot be moral as morality varies with opinions and Law must be fact
  • Law cannot be reduced into simple rules
  • Law is always a matter of historical fact and never morality
  • The only Law is that in statutes and judge-made Law is illegitimate
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2. What is Hart's criticism of Fuller?

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

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

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

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

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

5. What is Lloyd Weinreb's criticism of Finnis' theory?

  • He doesn't say the degree of specificity the laws will take
  • It is a moral theory and the reasoning is not law-like
  • Just law is not central, as this disregards evil law throughout history
  • He does not state what makes the 7 objective goods valuable

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