Unit 3 - Law and Justice

Question 1

What is legal positivism

Answer 1

Separation between law and morality –> law is established by some recognized legal authority

Question 2

What is natural law

Answer 2

“unfair law is not law at all” and it cannot be legally enforced

Question 3

What is strong natural law?

Answer 3

Making justice or injustice a definition criterion of what the law is –> closer connection between law and morality

Question 4

What is the weak definition of natural law?

Answer 4

Justice is only a criterion of qualification, meaning even when such a criterion is not satisfied one can still talk about the law –> not as strong connection between law and morality

Question 5

What is naturalism

Answer 5

If a certain law does not correspond to a certain idea of justice the law is not valid, and citizens should not abide to it

Question 6

What is the dilemma of unjust law?

Answer 6

Doctrine of legal positivism can easily attract criticism, since from its POV it can be considered as formally in force irrespective of its actual content

Question 7

How do we overcome formalistic legality?

Answer 7

Distinction of what is just and what has been commanded

Civil disobedience

Natural law