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Law and Morality II


Diamondsareforever
5 played - 8 yrs ago
A quiz on the natural law positivist debate.
 
QUIZ 25 QUESTIONS
42%
1

Who commented in his dialogues that 'a law that was unjust would not seem to be a law'

2

Who commented that morally bad laws are not law but a corruption of law?

3

Which two theorists debated lex injusta non est lex in the Harvard Law Review?

4

When was this debate?

5

In what country was the prosecution that this debate was based on?

6

For what period did the laws in question run from?

7

Whose theory is a watered down procedural conception of natural law?

8

When was the Inner Morality of Law written?

9

How many formal features must a legal system have according to Fuller?

10

Which of these is not one of Fullers formal characteristics of law?

11

How many basic goods did Finnis have?

12

Which type of morality is one that relates to fulfillment of rules that are required or obligatory?

13

Which type of morality relates to ideals or aspirations and striving to achieve them?

14

Who just focused on minimal procedural characteristics of valid laws?

15

Who criticised Fuller arguing that an evil system may still comply with his inner morality (in the context of Nazi Germany)?

16

Who argued that Fuller's inner morality may have supported apartheid South Africa?

17

In which state was the rule of law associated with democracy, equality before the law and stability although only for the educated citizens?

18

Who argued that the magistrates were subject to the law and that the law was a silent magistrate?

19

When was an assertion made by the Church that Kings were subject to Christian justice?

20

Who argued that the rule of law has three common minimum conceptions?

21

Who wrote the article 'Positivism and the Seperation of Law and Morals'?

22

Who argued that the law under which the husband had been punished in Nazi Germany was valid even though morally repugnant?

23

Who argued that the better approach was to make an exception and apply the law reteroactively in this case?

24

Who argued that where statutory law is incompatible with the requirements of justice to an intolerable degree or where statutory law was obviously designed in a way that deliberately negates 'the equality that is the core of all justice' statutory laws must be disregarded by a judge in favour of the justice principle?

25

In what case was this formula applied?


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