Naturalist Theory Flashcards
What is Lon Fuller’s concept of the ‘inner morality of law’?
A legal system has the specific purpose of subjecting human conduct to the governance of rules
Fuller’s theory posits a necessary connection between law and morality.
List the eight principles of law according to Lon Fuller.
- Generality
- Promulgation
- Non-retroactivity
- Clarity
- Non-contradiction
- Possibility of compliance
- Constancy
- Congruence between declared rule and official action
These principles guide effective lawmaking.
What is the penalty for carnal knowledge against the order of nature according to Section 155 of the Penal Code?
Guilty of a felony and liable to imprisonment for fourteen years
This section outlines specific sexual offenses.
What did the Nuremberg war trials signify for natural law?
Regenerated natural law ideals by recognizing crimes against humanity
These trials established that law is not the sole determinant of what is right.
What is the significance of the Universal Declaration of Human Rights in relation to natural law?
It reflects a post-war recognition of human rights aligned with natural law principles
This document plays a crucial role in promoting human dignity and rights.
How did John Finnis contribute to natural law theory?
Revived Aquinian tenets and explored them in his book ‘Natural Law and Natural Rights’
Finnis provides a significant restatement of classical natural law doctrine.
List the seven basic forms of human flourishing according to John Finnis.
- Life
- Knowledge
- Play
- Aesthetic experience
- Sociability (friendship)
- Practical reasonableness
- Religion
These forms are essential for a fulfilling life and are of intrinsic value.
What does Finnis mean by ‘religion’ in the context of natural law?
The need for spiritual experience, not organized religion
This aspect emphasizes personal spiritual fulfillment.
What is the rationale behind natural law according to Finnis?
To establish what is really good for human persons
This rationale links morality with the common good.
According to Fuller, what happens when a legal system fails to conform to his eight principles?
It could not be said that ‘law’ existed in that community
This highlights the importance of these principles in defining law.
What does ‘lex iniusta non est lex’ mean?
An unjust law is not law
This principle suggests that laws failing to conform to natural law lose their moral authority.
What is the role of the Catholic Church in the development of natural law theory?
It articulated and expanded the philosophy of natural law
The Church’s teachings have significantly influenced natural law discourse.
Fill in the blank: The principle that certain acts constitute ‘crimes against humanity’ is an example of natural law as it applies to _______.
moral standards
This highlights the distinction between law and morality.
What is the relationship between law and morality in natural law theory?
Law is fundamentally connected to moral principles
This connection underlies the argument for justice in legal systems.
True or False: Fuller argues that compliance with his eight principles guarantees a moral legal system.
False
Compliance ensures effective functioning, but does not inherently establish morality.
