Natural Law
Name three different words/concepts that are related to natural law.
What is the "separation thesis"?
Moral facts are not necessary to law.
What is the key word related to Dworkin?
Principles.
What does the acronym ROL mean?
Rule of Law.
Are "moral" and "natural law" separate?
No
Hart identifies three basic theories of law. What are they?
Conceptual (Separation): what the law is ≠ what it ought to be
Methodological: study law analytically, not by evaluating it
Substantive (Imperative): law = command of a sovereign
Complete the sentence:
In easy cases, judges apply the ______, and in hard cases, judges rely on ________.
In easy cases, judges apply the law, and in hard cases, judges rely on general principles.
What is the core idea of the rule of law?
Law should provide clear guidance so people know which behaviors are acceptable and which are not.
True or False:
Martin Luther King Jr. argued that natural law is driven by a moral obligation to God's higher law, which supersedes any unjust laws made by human governments.
True
What are "primary" and "secondary" rules?
Primary rules: impose duties. Requirements for action: "Do this whether you wish it or not."
Secondary rules: confer powers. Rules about rules: how to introduce, change, determine, or eliminate primary rules.
What are "principles?"
Principles are broad moral standards of justice or fairness that judges use to resolve hard cases. Unlike rigid rules, they have a "dimension of weight" and don't operate in an all-or-nothing way.
Name three principles of ROL for Raz.
(1)Laws should be prospective, open, and clear
(2)Laws should be stable
(3)Making of laws should be guided by rules that are also open, clear, and general
(4)Independent judiciary, which requires rules for selection, tenure, removal, etc.
(5)Principles of “natural justice” (fairness, absence of bias)
(6)Judicial review
(7)Accessible courts
(8)Limited discretion in criminal justice (e.g., police)
True or False:
John Finnis is widely celebrated in legal philosophy for separating the validity of natural law and morality from a belief in God.
True
What is the imperative thesis for Austin?
Imperative Thesis: L is a law iff L is the general command of an uncommanded commander
Give, in order of importance, four examples of Dworkin's principles.
●No person may profit from own misconduct (from Riggs v Palmer)
●Legislative supremacy
●Precedent (stare decisis)
●Federalism
●Democratic theory?
True or False:
Law, and by extension ROL, is a procedural matter.
True.
Who is the philosopher who said this: "Law is nothing other than a certain ordinance of reason for the common good, promulgated by the person who has the care of the community"?
Thomas Aquinas
Who is the author most likely to have said this:
In hard cases, "Rules are totally useless unless there is a authority to interpret them."
Hart
What is the difference between "principles" and "policy" for Dworkin?
ROL “is ________ (compatible or incompatible?) with gross violations of human rights.”
Compatible.