Theorist

Question 1

Austin

Answer 1

Positivist
Command theory - valid not on morals but:

Made by authority
Threat of punishment
Followed by majority

Question 2

Kelsen

Answer 2

Positivist

Law and morality have nothing to do with each other

Question 3

Bentham and mill

Answer 3

Harm principle

Greatest good to greatest number without harming few

Question 4

Hart

Answer 4

Posivist

Laws that merely enforce morals should cease
Laws should only interfere when morality causes harm to society

Question 5

Devlin

Answer 5

Naturalist

Reasonable man look at action and if disgust or intolerance then unlawful

Judgement on society should guide laws

Question 6

Aquinas

Answer 6

Naturalist
10 commandments

Question 7

Fuller

Answer 7

Naturalist
Some laws are so immoral they must be invalid

Question 8

Aristotle on justice

Answer 8

Just state will distribute wealth on basis of contribution

Worthiest get the most not neediest

Question 9

Plato

Answer 9

Justice is harmony in society

Question 10

Marx

Answer 10

Laws are Just as able to question it

Wealth should be spread to many

Question 11

Nozick

Answer 11

Entitlement thoery

Anyone who accrued what he has through effort is entitled to it

Question 12

Rawls

Answer 12

Justice is fair

Question 13

Aquinas

Answer 13

Distributive justice is fair allocation

Question 14

Becker

Answer 14

Fair labelling
Labelling people as criminal is self furfilling prohrcy

Question 15

Durkheim

Answer 15

Consensus

Society works as most people share values

Question 16

Marx

Answer 16

Conflict

Society is in constant state of conflict over resources

Question 17

Holmes

Answer 17

Legal realism
True law is not what is written in statue but what plays out in courts