Natural Law theory

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  • Created by: Launston
  • Created on: 12-05-14 16:17
What is the 'eternal law' as described by Aquinas?
God directs everything towards it's optimal end
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How did Hugo Grotius justify the French Revolution?
People can overthrow government if natural rights are breached
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What do natural law theorists believe?
There is a rational order which exists and is discoverable by human reason
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John Finnis distinguishes between the...?
Focal and Secondary meanings of Law
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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
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What is Lloyd Weinreb's criticism of Finnis' theory?
He doesn't say the degree of specificity the laws will take
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According to Lon Fuller, Law is the enterprise of...?
Subjecting human conduct to the governance of rules
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According to Fuller, what makes laws a failure?
Procedural defects
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For Fuller, what is the link between law and morality?
Law must adhere to the principles of legality, which is a moral ideal
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What is Hart's criticism of Fuller?
The principles of legality only apply to the effectiveness of the law
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What is the 'plain-fact' view of law?
Law is always a matter of historical fact and never morality
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What does Dworkin say 'presents a problem' for Positivist theories?
The fact that judges rely on value-judgements when deciding cases
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What is Dworkin's major flaw in his criticism of positivism?
He assumes that all positivists commit to the 'plain-fact' view when this is not the case
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Other cards in this set

Card 2

Front

How did Hugo Grotius justify the French Revolution?

Back

People can overthrow government if natural rights are breached

Card 3

Front

What do natural law theorists believe?

Back

Preview of the front of card 3

Card 4

Front

John Finnis distinguishes between the...?

Back

Preview of the front of card 4

Card 5

Front

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

Back

Preview of the front of card 5
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