Lju4801 Philosophy of Law Exam questions and 100% verified answers available

1. What is the fundamental disagreement between Natural Law Theorists like Aquinas and Legal Positivists like Austin? - ANS- Is there an essential connection between law and justice (or morality, fairness, rationality) such that a full understanding of the concept of law will have to make reference to "value" concepts (like justice, morality, fairness, rationality)? - Naturalists answer, "Yes, there is an essential connection between law and justice. We cannot fully understand what law is without talking about justice." - Positivists say, "No, there is not an essential connection between law and justice. We can fully understand what law is without talking about justice at all." - naturalists and positivists agree that the law should be just. They disagree about whether the law must necessarily be just. 2. What is law in general, according to Aquinas? - ANS- an ordinance of reason for the common good promulgated by whoever has the care of the community - an ordinance is a command, order, or rule - promulgated means it is publicized - for the common good essentially means it must be just 3. Why, according to Aquinas, is a "secret law" a contradiction in terms? - ANS- secret laws cannot exist because in order for a law to be a law it must be publicized - people cant follow the law if they don't know about it, so it defeats the purpose of the law - unjust to enforce laws people aren't aware of 4. Why, according to Aquinas, must law be a reasonable means for promoting the common good? - ANS- It is a "natural fact" that human beings are rational - It is a "natural fact" that human beings desire happiness - So, rules (laws) governing human conduct must be rational and must promote happiness in general, otherwise it cannot guide and direct the behavior of rational beings that desire happiness - If an ordinance cannot guide and direct the behavior of humans, it cannot serve the essential purpose of law 5. Why, according to Austin, is Natural Law Theory an "anarchical doctrine"? - ANS- every citizen will become the judge of the law's validity - citizens who believe that a given ordinance is unjust will claim that it is not legally valid, and, hence, they have no obligation to obey it - undermines the law's authority.