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6. What is the 'plain-fact' view of law?

  • Law is always a matter of historical fact and never morality
  • Law cannot be reduced into simple rules
  • 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

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

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

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

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

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

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

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

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

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

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

12. What do natural law theorists believe?

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

13. What is the link Finnis makes between Law and the 7 objective goods?

  • Law will seek to implement requirements of practical reasonableness which allow us to achieve these goods
  • The 7 objective goods are not necessarily moral
  • The 7 objective goods are inherent in every Law
  • The Law must be moral if we are to achieve the 7 objective goods

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

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