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Natural Law vs. Positivism

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Natural Law

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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.

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John Finnis' Basic Goods

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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.

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Thomas Aquinas' Eternal Law

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Part of Aquinas' natural law theory, eternal law refers to the principles by which God created and controls the universe. Key Theorist: Thomas Aquinas.

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The Overlap Thesis

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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.

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The Separation Thesis

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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.

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H.L.A. Hart's Rule of Recognition

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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.

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Fuller's Inner Morality of Law

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Fuller's concept that the law inherently entails a moral obligation to obey just because of its procedural nature. Key Theorist: Lon Fuller.

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John Austin's Command Theory

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Austin's theory defines law as commands from a sovereign backed by sanctions. Key Theorist: John Austin.

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Dworkin's Interpretivism

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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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Legal Positivism

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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.

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