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Exam (elaborations)

CFL Module 12 Exam Questions with 100% Correct Answers.

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CFL Module 12 Exam Questions with 100% Correct Answers.

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CFL Module 12 Exam Questions with 100%
Correct Answers.
Budjejewski

There are some foundational truths that we all know, whether we choose to admit it or not

common knowledge about murder, adultery, and mocking God

these are examples of the fundamental truths, that many different societies knew to be wrong,
although they had no interactions with one another

Glover

there are some people who have higher or lower degrees of person hood. For example unborn
babies, and badly disfigured people have lower degrees.

A. Humanism

man is the measure of all things, truth is relative and not absolute, law is majority rule, man is the
center of the universe - this worldview opposes christianity

Christianity

worldview believes every human being bares the image of God - there is an objective and
external standard - all men are sinful and saved by God's grace

Schaeffer

says the basic problem with christians is that they have seen things in bits and pieces, instead of
totals/ There is cultures about worldviews [religions]

Christianity and Humanism

Budjejewski, Shaeffer, Glover

HIGHER LAW THINKING: MAN'S LAW IS BASED ON & EVALUATED BY LAW OF
GOD

Papal Revolution, Aquinas, Bracton, Coke, Rice, Paulsen, King, Blackstone

,SHIFT FROM HIGHER LAW THINKING TO LEGAL RELATIVISM

Positivism [Kelsen], Legal Realism [Holmes & Llewellyn], Legal Deconstructionism [Kelman],

Aquinas

Natural Law

Aquinas principles

Eternal Law, Divine Law, Natural Law, human law

Eternal law - Aquinas

Dictates of God's reason, all law too large to be revealed to us

Natural law - Aquinas

there are some fundamental truths imprinted into humans, some of these things include the
knowledge that we should care for our children

Divine law

revealed eternal law - made up of the Old and New Testaments

Aquinas - Human law

laws made by man, any law in conflict with natural laws is not law at all, rather they are
perversions of law, directed by our need for good

Aquinas idea of reason

directs our ends, has relationship with happiness, the ability to discern good from evil

last end of human life

Happiness - laws must align with reason's relationship with happiness

Higher law as a basis for common law

Bracton, Coke, Blackstone

Bracton

, De Legibus et Consuetudinibus Angliae ("On the Laws and Customs of England")

Bracton principles

law enjoins what is honest, prohibits what is not . . . God is the author of justice . . . right and law
have same meaning . . . common law (customs also observed where approved by habitual use) . .
.

Who said this? Will and purpose distinguish bad acts . . . acts are not criminal absent the
will to do harm.

Bracton

Bracton's rightful warrant

Although in the widest sense, law is everything that can be read . . .this is law in the special
sense, what enjoins honesty and prohibits the contrary

Bracton's two forms of justice

In the creator [God's law] perfect will and perfect result; and in the Creature [Just Person] - this
will is imperfect, so it is constantly changing and moving towards right

Tireless supporter of the common law in England, ruled on Calvin's case

Coke

Calvin's case

decided by Coke . . . the person was disseised of his property because he was born in Scotland
and owed no ligeance to the King. Coke used a higher law called the law of nature to decide the
case.

Coke

Law of Nature is that which God, at time of creation of nature of man, infused into his heart, for
his preservation and direction


Purpose of law of nature is preservation and direction of man

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