PHIL 334-Exam 1: Natural Law || with 100% Error-free Solutions.
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PHIL 334-
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PHIL 334-
Natural Law correct answers -A doctrine that society should be governed by certain ethical principles that are part of nature and, as such, can be understood by reason and everyone.
- Higher law that is knowable by all reasonable people
Positive law correct answers -Law that is made by a legisl...
PHIL 334-Exam 1: Natural Law || with 100% Error-free
Solutions.
Natural Law correct answers -A doctrine that society should be governed by certain ethical
principles that are part of nature and, as such, can be understood by reason and everyone.
- Higher law that is knowable by all reasonable people
Positive law correct answers -Law that is made by a legislator or government
-Enforced by/put forward by ruler
Positive morality correct answers -A moral code that prescribes what ought to be done.
-Morality that is dispersed between people
customary law correct answers law based on tradition and the customary practices of traditional
societies; usually passed on orally between generations
-Laws that are
statute correct answers a written law passed by a legislative body
precedent correct answers an earlier event or action that is regarded as an example or guide to be
considered in subsequent similar circumstances.
Positivism correct answers -the belief that law should be derived from scientific observation
-valid because they are enacted by authority or derive logically from existing decisions, and that
ideal or moral considerations should not limit the scope or operation of the law.
-Most important is that it is put in place by someone in power
-You also need authority which you can only get from buy in from the people
Natural Law Theory correct answers -a theory asserting that the morally right action is the one
that follows the dictates of nature
-Law that is morally just
-An unjust law is not a law at all
Legal Realism correct answers -A school of legal thought that holds that the law is only one
factor to be considered when deciding cases and that social and economic circumstances should
also be taken into account.
-In order to really understand the law one must go out and see what is going on in the world
-Holmes legal critique on positivism
-Law is what is enforced by the state
formalism correct answers -A theory that legal rules stand separate from other social and
political institutions
-Law is like math
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