Natural Law theory

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

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

  • 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 doesn't say the degree of specificity the laws will take
  • He does not state what makes the 7 objective goods valuable
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Other questions in this quiz

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

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

3. John Finnis distinguishes between the...?

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

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

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

5. What do natural law theorists believe?

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

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