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Natural Law vs. Positivism
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Natural Law
A theory that posits the existence of a law whose content is set by nature and that therefore has validity everywhere. Key theorists include Thomas Aquinas and Aristotle.
Legal Positivism
A philosophy of law that emphasizes the conventional nature of law, which is created by humans without reference to moral principles. Key theorists include John Austin and H.L.A. Hart.
Thomas Aquinas' Eternal Law
Part of Aquinas' natural law theory, eternal law refers to the principles by which God created and controls the universe. Key Theorist: Thomas Aquinas.
H.L.A. Hart's Rule of Recognition
A social rule that is accepted by officials as a standard for validating primary rules of obligation. It is a foundational concept in Hart's legal positivism. Key Theorist: H.L.A. Hart.
John Finnis' Basic Goods
The concept of basic goods is a modern development in natural law theory that identifies certain basic values as essential to the common good and human flourishing. Key Theorist: John Finnis.
John Austin's Command Theory
Austin's theory defines law as commands from a sovereign backed by sanctions. Key Theorist: John Austin.
The Overlap Thesis
A thesis that claims there is some kind of non-contingent connection between law and morality. Key Theorists: Lon Fuller and Ronald Dworkin argue against a strict separation of law and morals.
The Separation Thesis
The separation thesis is central to legal positivism and asserts that law and morality are conceptually distinct. Key Theorist: H.L.A. Hart advocates for this separation.
Fuller's Inner Morality of Law
Fuller's concept that the law inherently entails a moral obligation to obey just because of its procedural nature. Key Theorist: Lon Fuller.
Dworkin's Interpretivism
Interpretivism holds that law is not only a system of rules but also contains principles that judges should use in their rulings. Key Theorist: Ronald Dworkin.
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