Natural Law Flashcards
1
Q
Aquinas’ types of law
A
- lex aeterna
- divine law
- natural law
- human law
2
Q
Radbruch formula
A
a law ceases to be a law where a solution is not even attempted, where equality is deliberately denied in the enactment of a law
3
Q
Fuller’s principles of internal morality of law
A
- rules must be general
- promulgated
- retroactive rule-making minimised as far as possible
- understandable
- not contradictory
- possible to obey
- remain relatively constant through time
- congruence between rules as announced and rules as applied
4
Q
Fuller’s features of law
A
- purposive
- reciprocal
- an ongoing enterprise
5
Q
Fuller’s purpose of law
A
enterprise of subjecting human conduct to governance of rules
6
Q
strong reading of NLTs
A
any rule which does not provide us with decisive reasons for action is not a law
7
Q
weak reading of NLTs
A
any rule which does not provide us with decisive reasons for action is defective as law
8
Q
Finnis’ book
A
Natural Law and Natural Rights
9
Q
Fuller’s book
A
The Morality of Law
10
Q
Alexy’s book
A
The Argument from Injustice
