Lecture four Flashcards
What central conflict does Antigone highlight?
The clash between individual morality and state laws.
What legal dilemma does Antigone present?
The balance between natural law (gods) and positive law (kings), raising civil disobedience debates.
Why does Antigone defy King Creon?
She buries her brother Polynices out of religious and familial loyalty, defying civic law.
How is natural law defined?
A system linking cosmic order, morality, and law, discoverable through reason and inherent in human nature.
How did Aristotle view natural law?
As absolute justice, universal and eternal, contrasting with changeable political justice.
What is lex aeterna and lex naturalis?
Lex aeterna is divine eternal law; lex naturalis is human engagement with it via moral conscience.
When is human law legitimate according to Augustine?
When it aligns with divine/natural law.
How did Aquinas define law?
An ordinance of reason for the common good, by proper authority.
Name Aquinas’ four types of law.
Eternal, Divine, Natural, Human.
What if human law conflicts with natural law?
It’s a perversion of law—law in name only.
What was Grotius’ main contribution?
Natural law is universal and independent of God—basis for international law.
What does Aquinas say about natural law and rational beings?
It’s participation in eternal law through reason—“Good is to be done, evil avoided.”
How did Suarez modify Aquinas’ theory?
Emphasized divine command and moral right/wrong over inherent goodness.
What did Grotius value more than survival instincts?
Moral conformity to reason.
How did Pufendorf link natural law to society?
It arises from social necessity and divine authority—law requires a superior.
What are Locke’s three natural rights?
Life, liberty, property.
When does natural law apply?
Before society—determines property and moral order even in the state of nature.
Name 3 of Fuller’s 8 principles of legality.
Rules must be general, understandable, and not contradictory. (Others: known, consistent, possible, non-retroactive, congruent)
What is “law as integrity”?
Legal interpretation should align with moral principles to ensure justice.
Name 3 of Finnis’ basic goods.
Life, knowledge, play. (Others: aesthetic experience, friendship, reasonableness, religion)
Is Dworkin a natural law theorist?
Yes—he links law and morality, even without using the label.
What’s the main idea of Finnis’ intermediate principles?
Use reason to act morally and pursue authentic human flourishing.
What did Radbruch argue about unjust laws?
Laws that deny justice aren’t laws at all.
Why were Berlin Wall guards prosecuted?
Their lawful actions under GDR law violated natural/human rights law.
