* not completed

. 'Lex iniusta non est lex' has which of the following meanings?

The law is not valid unless it is formally enacted. correct incorrect

Law has lexical priority over morality. correct incorrect

An unjust law is not law. correct incorrect

No-one is above the law. correct incorrect

* not completed

. Cicero's conception of natural law is 'based on the idea that 'true law is right reason in agreement with Nature.' Reason is a key element because:

It is a sin for humans not to apply reason. correct incorrect

The principles of natural law are discoverable by reason. correct incorrect

Natural law does not apply without good reason. correct incorrect

The law of nature is the basis of all positive law. correct incorrect

* not completed

. According to Hobbes, peace is the first law of nature because of which of the following situations?

Without peace everyone has a right to everything - including another's life. correct incorrect

Peace is possible only after war. correct incorrect

Law cannot achieve peace. correct incorrect

The social contract cannot be entered into unless there is peace. correct incorrect

* not completed

. Which statement is closest to characterizing the principal difference between the positions adopted by Hobbes and Locke?

They adopt different attitudes towards the role of the courts in maintaining order. correct incorrect

They disagree about the role of law in society. correct incorrect

They have opposing views about the nature of contractual obligations. correct incorrect

They differ in respect of their account of life before the social contract. correct incorrect

* not completed

. Hume's attack on natural law is founded on his argument that:

We cannot objectively know what is morally right or wrong. correct incorrect

Natural law is backward-looking. correct incorrect

There is no such thing as a social contract. correct incorrect

Natural law fails to protect the state against attacks. correct incorrect

* not completed

. Which of the factors below contributed significantly to the revival of natural law in the 20th century?

The Depression of the 1930s. correct incorrect

The rise of Fascism. correct incorrect

The international recognition of human rights after WWII. correct incorrect

The Bolshevik revolution. correct incorrect

* not completed

. On what grounds does John Finnis reject Hume's conception of practical reason?

That natural law corresponds to positive law. correct incorrect

That Hume is a legal positivist. correct incorrect

That syllogistic logic is false. correct incorrect

That human reason can help us to determine what constitutes a worthwhile life. correct incorrect

* not completed

. Which of the following most accurately describes Hart's response to Fuller's argument concerning the invalidity of Nazi law?

The Nazi law in question was validly enacted. correct incorrect

The court misunderstood the legislation. correct incorrect

Fuller misconstrued the purpose of the law. correct incorrect

The Nazi rule of recognition was unclear. correct incorrect

* not completed

. Which of the following statements best captures the nature of Fuller's 'inner morality of law'?

A positivist view of law. correct incorrect

A morality of aspiration. correct incorrect

An Aquinian concept of natural law. correct incorrect

A rejection of the 'harm principle'. correct incorrect

* not completed

. Which proposition below may be characterized as the most powerful refutation by Hart of Lord Devlin's argument?

Society has no right to preserve its moral and social cohesion through the criminal law. correct incorrect

Homosexual acts cause public outrage. correct incorrect

The courts are the best place to resolve moral questions such as those concerning homosexuality and prostitution. correct incorrect

The law is anachronistic. correct incorrect

* not completed

. The United States Supreme Court's decision in Roe v Wade is highly controversial because:

It failed to consider the rights of fathers. correct incorrect

It overlooked the common law relating to abortion. correct incorrect

The majority held that the abortion law of Texas was unconstitutional because it violated a woman's right to privacy. correct incorrect

The court failed to consider the medical evidence. correct incorrect

* not completed

. Which statement best describes the relationship between law and morality among non-positivist legal theorists?

There is no relationship between law and morality. correct incorrect

Law is always in advance of moral ideas. correct incorrect

The law is inextricably bound up with morals. correct incorrect

Morality is generally in advance of the law. correct incorrect

* not completed

. Which statement below is the least consistent with the argument that judges in an unjust legal system ought to resign?

Judges are under a duty to act justly. correct incorrect

Since they also prop up the unjust system, lawyers should also resign. correct incorrect

If a moral judge resigns, he or she may be replaced by a less moral judge. correct incorrect

Judges do not make the law, hence they cannot be held responsible for applying unjust legislation. correct incorrect