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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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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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