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Explain the principle of lex injusta non est lex and its significance in understanding natural law.
Explain the principle of lex injusta non est lex and its significance in understanding natural law.
The principle lex injusta non est lex means 'an unjust law is not a law.' This signifies that laws must adhere to a higher moral standard, that of natural law, to be considered legitimate and binding. If a law contradicts natural law, it lacks true legal validity.
What are the two types of laws that should be subject to the standards of natural law?
What are the two types of laws that should be subject to the standards of natural law?
The text mentions legislative laws (statutes) and judicial decisions as the two types of laws that must conform to the higher standard set by natural law.
What is normative jurisprudence and how is it connected to natural law?
What is normative jurisprudence and how is it connected to natural law?
Normative jurisprudence deals with the standards of what constitutes good or just law. It's connected to natural law because natural law provides the framework for determining whether a law is morally valid and, therefore, a legitimate legal norm.
Why does the text argue that law must be evaluated for its 'goodness' to be considered legitimate?
Why does the text argue that law must be evaluated for its 'goodness' to be considered legitimate?
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Why is natural law considered the appropriate standard for evaluating laws? Explain the relationship between natural law and the validity of man-made laws.
Why is natural law considered the appropriate standard for evaluating laws? Explain the relationship between natural law and the validity of man-made laws.
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What key criteria does law need to fulfill for it to be considered valid and legitimate?
What key criteria does law need to fulfill for it to be considered valid and legitimate?
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What is the main argument presented in the text regarding the relationship between law and natural law?
What is the main argument presented in the text regarding the relationship between law and natural law?
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Why is the example of laws prohibiting procreation considered a bad law, according to the text?
Why is the example of laws prohibiting procreation considered a bad law, according to the text?
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How does natural law provide a philosophical basis for the evaluation of laws?
How does natural law provide a philosophical basis for the evaluation of laws?
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Explain how Socrates's philosophical approach, specifically the Socratic Method, contributes to understanding ethical conduct and behavior.
Explain how Socrates's philosophical approach, specifically the Socratic Method, contributes to understanding ethical conduct and behavior.
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What is the ultimate goal of evaluating law through the lens of natural law?
What is the ultimate goal of evaluating law through the lens of natural law?
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What is Socrates's view on the relationship between citizenship and obedience to the law, as presented in the text?
What is Socrates's view on the relationship between citizenship and obedience to the law, as presented in the text?
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Describe the concept of metaphysical reality as presented in the text and how it contrasts with Aristotle's approach.
Describe the concept of metaphysical reality as presented in the text and how it contrasts with Aristotle's approach.
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Explain Plato's theory of forms or theory of ideas and its relevance to the discussion of natural law and political ethics.
Explain Plato's theory of forms or theory of ideas and its relevance to the discussion of natural law and political ethics.
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What is the significance of the philosophical perspectives presented in the text for understanding the relationship between law, natural law, and democracy?
What is the significance of the philosophical perspectives presented in the text for understanding the relationship between law, natural law, and democracy?
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Based on the information in the text, discuss the potential challenges and dilemmas that arise from reconciling the philosophical concept of natural law with the practical realities of democratic law-making.
Based on the information in the text, discuss the potential challenges and dilemmas that arise from reconciling the philosophical concept of natural law with the practical realities of democratic law-making.
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According to Plato, what distinguishes a Philosopher King from ordinary people?
According to Plato, what distinguishes a Philosopher King from ordinary people?
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What does Plato argue is the crucial role of a Philosopher King in governing a state?
What does Plato argue is the crucial role of a Philosopher King in governing a state?
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How does Plato's concept of the Philosopher King relate to his theory of forms?
How does Plato's concept of the Philosopher King relate to his theory of forms?
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Why is Plato's concept of the Philosopher King considered an elitist approach?
Why is Plato's concept of the Philosopher King considered an elitist approach?
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How does Plato's concept of the Philosopher King differ from the traditional view of leadership?
How does Plato's concept of the Philosopher King differ from the traditional view of leadership?
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What is the connection between reason and justice in Plato's view of governance?
What is the connection between reason and justice in Plato's view of governance?
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Explain the difference between the 'worldly form' and the 'higher form' of justice as described by Plato.
Explain the difference between the 'worldly form' and the 'higher form' of justice as described by Plato.
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What argument does Plato offer to support the idea that the Philosopher King is best suited to administer justice?
What argument does Plato offer to support the idea that the Philosopher King is best suited to administer justice?
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According to Aristotle, what is the relationship between an acorn and an oak tree?
According to Aristotle, what is the relationship between an acorn and an oak tree?
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What does Aristotle suggest is the connection between natural law and ethics?
What does Aristotle suggest is the connection between natural law and ethics?
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What are ‘good’ laws according to Aristotle and how do they relate to human nature?
What are ‘good’ laws according to Aristotle and how do they relate to human nature?
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What is the concept of ‘potential’ in Aristotle’s view?
What is the concept of ‘potential’ in Aristotle’s view?
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Explain the connection between behavior consistent with nature and morality in Aristotle's view?
Explain the connection between behavior consistent with nature and morality in Aristotle's view?
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How does the concept of ‘natural law’ provide guidance for personal and social living?
How does the concept of ‘natural law’ provide guidance for personal and social living?
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What is the significance of observing the natural course of things in understanding natural law?
What is the significance of observing the natural course of things in understanding natural law?
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What are the two key elements that distinguish between ‘good’ and ‘bad’ laws according to Aristotle?
What are the two key elements that distinguish between ‘good’ and ‘bad’ laws according to Aristotle?
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What is the connection between human nature and norms?
What is the connection between human nature and norms?
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What example does the text give to illustrate the distinction between natural and unnatural actions?
What example does the text give to illustrate the distinction between natural and unnatural actions?
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How does the text explain the difference between eating nutritious food and smoking?
How does the text explain the difference between eating nutritious food and smoking?
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What is Aristotle's central idea regarding what constitutes a good human being?
What is Aristotle's central idea regarding what constitutes a good human being?
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Why does Aristotle consider using reason in decision-making to be a natural and good thing?
Why does Aristotle consider using reason in decision-making to be a natural and good thing?
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What are the two levels of nature described in the text, and provide an example of each?
What are the two levels of nature described in the text, and provide an example of each?
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How does the text connect this concept of different levels of nature to the idea of justice?
How does the text connect this concept of different levels of nature to the idea of justice?
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What conclusion does the text draw about the relationship between law and justice?
What conclusion does the text draw about the relationship between law and justice?
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Explain the distinction between conventional law and universal law, as presented in the text. How do their origins and applications differ?
Explain the distinction between conventional law and universal law, as presented in the text. How do their origins and applications differ?
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How does Aristotle define justice and what are the two categories he identifies?
How does Aristotle define justice and what are the two categories he identifies?
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How does the Stoic philosophy, particularly as presented by Cicero, connect with natural law? Explain the significance of Cicero's contribution to understanding natural law's application in legal frameworks.
How does the Stoic philosophy, particularly as presented by Cicero, connect with natural law? Explain the significance of Cicero's contribution to understanding natural law's application in legal frameworks.
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What does the text suggest about the purpose of punishments and their relationship to justice?
What does the text suggest about the purpose of punishments and their relationship to justice?
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Based on the text, what is the significance of natural law in evaluating the legitimacy of laws?
Based on the text, what is the significance of natural law in evaluating the legitimacy of laws?
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Describe the Stoics' emphasis on the role of reason in human life and its connection to natural law.
Describe the Stoics' emphasis on the role of reason in human life and its connection to natural law.
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Briefly explain the relationship between natural law and the application of ordinary law, as presented in the text.
Briefly explain the relationship between natural law and the application of ordinary law, as presented in the text.
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What is the primary function of natural law, as explained by the text?
What is the primary function of natural law, as explained by the text?
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Flashcards
Lex Injusta Non Est Lex
Lex Injusta Non Est Lex
An unjust law is not a law; it highlights the moral basis of law.
Natural Law
Natural Law
A higher form of law that judges man-made laws against moral standards.
Normative Jurisprudence
Normative Jurisprudence
Focus on laws that are good and legitimate based on moral standards.
Criteria for Good Law
Criteria for Good Law
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Legitimacy of Law
Legitimacy of Law
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Judicial Decisions and Statutes
Judicial Decisions and Statutes
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Moral Demand of Law
Moral Demand of Law
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Evaluation of Laws
Evaluation of Laws
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Theory of Forms
Theory of Forms
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Philosopher-King (PK)
Philosopher-King (PK)
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Plato's Allegory of the Cave
Plato's Allegory of the Cave
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Transcendent Reality
Transcendent Reality
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Just Governance
Just Governance
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Elite Training
Elite Training
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Higher Form of Justice
Higher Form of Justice
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Function of things
Function of things
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Aristotle's analogy
Aristotle's analogy
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Goodness in nature
Goodness in nature
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Moral actions
Moral actions
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Good laws
Good laws
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Bad laws
Bad laws
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Observing nature
Observing nature
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Socratic Method
Socratic Method
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Obligation to Obey Law
Obligation to Obey Law
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Metaphysical Reality
Metaphysical Reality
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Aristotle's Approach
Aristotle's Approach
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Plato's Theory of Forms
Plato's Theory of Forms
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Philosophical Inquiry
Philosophical Inquiry
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Norms
Norms
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Aristotle's Good
Aristotle's Good
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Human Nature
Human Nature
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Decision Making and Reason
Decision Making and Reason
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Universal vs Conventional
Universal vs Conventional
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Types of Justice
Types of Justice
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Law as Justice Mechanism
Law as Justice Mechanism
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Conventional Law
Conventional Law
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Universal Law
Universal Law
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Aristotle's Justice
Aristotle's Justice
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Higher Law
Higher Law
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Stoicism
Stoicism
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Cicero's Contribution
Cicero's Contribution
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Value of Natural Law
Value of Natural Law
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Study Notes
Week 2 - Part 1: Classical Natural Laws – Romans, Greeks, the works
- One approach to natural law is the doctrine of "lex injusta non est lex" (an unjust law is not a law).
- Natural law encompasses more than just laws created by legislatures or courts.
- Laws must conform to natural law standards to be considered valid.
- Normative jurisprudence defines natural law by examining if laws conform to normative standards, including judicial decisions and statutes.
- Natural law mandates that laws must be "good" to be legitimate.
- This "goodness" is a moral requirement for laws.
Part 2
- Normative jurisprudence posits that only good laws are valid and legitimate.
- Good laws need to meet specific criteria for acceptance.
- The implementation method of a law is important in determining whether it is good or bad
- A bad law is not only bad, but also immoral.
- Legitimacy relies on lawmakers acting morally.
Part 3
- Part 3 summarizes the moralizing exercise of determining whether laws are good.
- A law's morality affects its legitimacy and acceptance.
- Questioning the morality of a law examines its validity.
Part 4
- Lawmakers must pass moral laws to maintain political legitimacy.
- Judges and legislators should base laws on natural law.
- The study of classical philosophers is vital: Greek and Roman philosophers.
- Medieval philosophy from St. Thomas Aquinas should be studied, along with theories from the Renaissance.
Part 5
- Aristotle's philosophy is crucial in understanding natural law.
- He emphasizes natural processes and the purpose of existence.
- Aristotle's Teleological analysis and Nichomachean Ethics are important concepts.
- Observing nature reveals its ethical guidance and laws.
- Acorn analogy: Nature dictates how acorns will grow into oak trees (morality).
Part 5B: Acorn Nut Analogy
- Aristotle uses the acorn analogy to illustrate natural law: Nature dictates its growth.
- Something is "good" if it's consistent with its nature.
- Consistency with nature = moral, inconsistency = immoral.
Part 6
- Natural law is linked to ethical thought.
- Natural law provides moral guides for people's lives instead of divine power.
- Observing nature helps determine laws' goodness
- Human behaviour should be guided by natural law.
Part 7
- Natural law can be universal or conventional (specific to a place/time).
- Universal natural law is unwritten, applicable to all places, and unchanging.
- Conventional law is specific to a community and its present context.
- Conventional law must conform to an ideal of justice.
Part 8: The Stoics
- Stoics emphasized reason as the principle means of living in accordance with nature.
- Cicero emphasized that laws must reflect "natural law" (reason).
- Natural law is tied to human reason, consistency, and the fundamental principles of justice.
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Description
Test your understanding of classical natural laws as discussed in week 2. Explore key concepts such as the legitimacy of laws, the morality involved in good and bad laws, and the essential criteria for judicial acceptance. Dive into normative jurisprudence and its impact on law validity.