Objectives
On successful completion of this module you should be able to demonstrate
LO1: Knowledge of the themes of natural law jurisprudence, and the nature of modern philosophies of natural law
LO3: Thinking skills
- Identify and articulate natural law explanations and critiques of legal issues
- Comprehend natural law materials
- Apply natural law reasoning and research to generate appropriate responses to legal issues
Learning resources
Ratnapala, 187–228
Selected Reading 6.1: L Fuller, ‘Positivism and Fidelity to Law: A Reply to Professor Hart’ (1958) 71 Harvard Law Review 630, 648-57. Please read only pages 648-57.
Prepare all three questions:
- What are the similarities and differences between the way that Locke, Finnis and Fuller describe the connection between law and morality ?
- Recall Question 5 in Exercise 5. Would Fuller’s natural law theory consider that the Nazi citizenship decree (that was addressed in Oppenheimer v Cattermole [1976] AC 249, 278) could not be recognised as a law at all?
- Read Selected Reading 6.1 (pages 648-57 only). Summarise the nature of the Nazi-era statutes that Fuller recounts. Why does Fuller refuse, in relation to Nazi statutes, to use terms such as immoral, wrong, or unnatural ?
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