application

Question 1

natural law

Answer 1

Natural Law is a set of ideals enduring inflexible rules of conduct. These sets of rules or laws are universal and absolute, and were not initiated by humans.

Question 2

positive law

Question 3

plato

Answer 3

Believed all laws should reflect certain universal absolute and eternal truths and virtues. Plato believed that Humans could never full achieve these truths but that their laws nevertheless should attempt to do so

Question 4

aristotle

Answer 4

Aristotle believed, unlike Plato, that justice is within the grasps of humans. The reason he believes this is because, since all humans have a brain and capacity to reason, they can recognize their own nature and create laws that are suitable for them.

Question 5

Cicero

Answer 5

Cicero also believed in a nation of universal and unchanging law. However, human laws should be disobeyed in “the minds of wise and intelligent men” if they come into conflict with those in nature.

Question 6

Middle Ages

Answer 6

• Happened in 800-1200’s
• Printing press was invented
  This was a time period where Christian theologies appear.
  Legal philosophy became very influenced by the teachings and doctrine of the Holy Catholic Church.

Question 7

Aquinas

Answer 7

Lived: 1225-1274
He was a dominican monk who believed laws are created by the natural world and were known to humans through:
1. The process of reasoning
2. The divine revolution through Christian profits
He believed that rights were not created by human laws, and he was a major influence in the development of modern human rights theories and laws.

Question 8

Bentham

Answer 8

1. An authoritarian body exists which hands down laws - agree
2. The people obey these laws - agree
3. Law is handed down in the form of statutes - agree
4. Law is formulated to provide the most gratification to the greatest number of people - disagree
5. Law can be handed down, by the courts, in the form of judgements and precedence - agree
6. Law is enforced through mechanisms of sanctions and penalties - agree

Question 9

Austin

Answer 9

Life: 1790-1854
1. Law must provide an objective standard for human conduct - agree
2 . Law is functional in society - agree
3. Law is not to be judged by its quality, but rather by the place it occupies in controlling and regulating society - disagree
4. Individual morality has no place in making law - agree
5. The social good it to advanced through law - agree