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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