Natural Law theory

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

1. 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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Other questions in this quiz

2. 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
  • He disregards the separability thesis
  • He misinterpreted the decision in Riggs v Palmer
  • The plain-fact view of law does not say morality can never be a basis for law

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

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

4. According to Lon Fuller, Law is the enterprise of...?

  • Judges relying on value-judgements to decide cases
  • Determining standards through conformity to accepted criteria
  • Subjecting human conduct to the governance of rules
  • Providing a second order reason for us to act

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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