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