IRM1501 ASSIGNMENT 1 COMPLETE ANSWERS
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IRM1501: Introduction to Legal Philosophy - 100 Q&A Study Guide 2025/2026
Part 1: Foundations and Basic Concepts
1. Q: What is the core difference between law in the abstract (ius) and a specific law (lex)?
A: Ius refers to law in the general, abstract sense—the concept of law and justice. Lex refers
to a specific, written statute or enactment.
2. Q: What is the primary subject matter of the philosophy of law or jurisprudence?
A: It is the critical and philosophical inquiry into the nature of law itself.
3. Q: Which philosophical question asks, "What is law?" and seeks to identify the essential
features that distinguish law from other social norms?
A: The central question of analytical jurisprudence.
4. Q: What is the key difference between morality and law from a positivistic perspective?
A: Legal positivism argues that law is a social fact, created by human beings and enforced
by a sovereign power. Its validity is separate from its moral content.
,5. Q: According to natural law theory, what is the fundamental connection between law and
morality?
A: A law that is fundamentally unjust (contrary to natural moral law) is not a true law at all.
"An unjust law is no law at all" (Lex iniusta non est lex).
6. Q: What is the main critique of legal realism?
A: Legal realism criticizes the notion that law is a closed, logical system of rules. It
emphasizes that judges' decisions are influenced by personal, social, and psychological factors.
7. Q: What does Ubuntu emphasize as central to African legal philosophy?
A: Interconnectedness, community, humanity, and restorative justice, often summarized as
"A person is a person through other persons."
8. Q: Which school of thought is primarily concerned with how law is used as a tool for
social and economic change?
A: Critical Legal Studies (CLS).
9. Q: What is the primary function of law, according to a functionalist perspective?
A: To maintain social order, stability, and resolve conflicts.
10. Q: Define "legal subjectivism."
A: The view that the meaning and content of law are not fixed but are determined by the
subjective interpretation of the individual (e.g., the judge).
Part 2: Natural Law Theory
, 11. Q: Which ancient Greek philosopher is most famously associated with the early
development of natural law theory?
A: Aristotle.
12. Q: What did St. Thomas Aquinas classify as the four types of law?
A: Eternal Law, Divine Law, Natural Law, and Human (Positive) Law.
13. Q: According to Aquinas, what is the purpose of human law?
A: To enforce the principles of natural law for the common good of a particular society.
14. Q: What is the fundamental precept of natural law, according to Aquinas?
A: "Good is to be done and pursued, and evil is to be avoided."
15. Q: How does John Finnis's modern natural law theory differ from classical versions?
A: Finnis focuses on practical reasonableness and basic goods that are self-evident, rather
than deriving law from a divine source.
16. Q: What are two of the seven basic goods identified by Finnis?
A: Life, knowledge, play, aesthetic experience, sociability (friendship), practical
reasonableness, and religion.
17. Q: According to Lon Fuller, a system of rules must meet eight principles to be
considered law. What does he call these principles?
A: The inner morality of law or procedural natural law.
18. Q: Name three of Fuller's eight principles of legality.
A: Laws must be (1) general, (2) promulgated, (3) prospective (not retroactive), (4) clear, (5)
STUDY GUIDE 2025/2026 ACCURATE QUESTIONS
AND CORRECT SOLUTIONS || 100% GUARANTEED
PASS <UPDATED VERSION>
IRM1501: Introduction to Legal Philosophy - 100 Q&A Study Guide 2025/2026
Part 1: Foundations and Basic Concepts
1. Q: What is the core difference between law in the abstract (ius) and a specific law (lex)?
A: Ius refers to law in the general, abstract sense—the concept of law and justice. Lex refers
to a specific, written statute or enactment.
2. Q: What is the primary subject matter of the philosophy of law or jurisprudence?
A: It is the critical and philosophical inquiry into the nature of law itself.
3. Q: Which philosophical question asks, "What is law?" and seeks to identify the essential
features that distinguish law from other social norms?
A: The central question of analytical jurisprudence.
4. Q: What is the key difference between morality and law from a positivistic perspective?
A: Legal positivism argues that law is a social fact, created by human beings and enforced
by a sovereign power. Its validity is separate from its moral content.
,5. Q: According to natural law theory, what is the fundamental connection between law and
morality?
A: A law that is fundamentally unjust (contrary to natural moral law) is not a true law at all.
"An unjust law is no law at all" (Lex iniusta non est lex).
6. Q: What is the main critique of legal realism?
A: Legal realism criticizes the notion that law is a closed, logical system of rules. It
emphasizes that judges' decisions are influenced by personal, social, and psychological factors.
7. Q: What does Ubuntu emphasize as central to African legal philosophy?
A: Interconnectedness, community, humanity, and restorative justice, often summarized as
"A person is a person through other persons."
8. Q: Which school of thought is primarily concerned with how law is used as a tool for
social and economic change?
A: Critical Legal Studies (CLS).
9. Q: What is the primary function of law, according to a functionalist perspective?
A: To maintain social order, stability, and resolve conflicts.
10. Q: Define "legal subjectivism."
A: The view that the meaning and content of law are not fixed but are determined by the
subjective interpretation of the individual (e.g., the judge).
Part 2: Natural Law Theory
, 11. Q: Which ancient Greek philosopher is most famously associated with the early
development of natural law theory?
A: Aristotle.
12. Q: What did St. Thomas Aquinas classify as the four types of law?
A: Eternal Law, Divine Law, Natural Law, and Human (Positive) Law.
13. Q: According to Aquinas, what is the purpose of human law?
A: To enforce the principles of natural law for the common good of a particular society.
14. Q: What is the fundamental precept of natural law, according to Aquinas?
A: "Good is to be done and pursued, and evil is to be avoided."
15. Q: How does John Finnis's modern natural law theory differ from classical versions?
A: Finnis focuses on practical reasonableness and basic goods that are self-evident, rather
than deriving law from a divine source.
16. Q: What are two of the seven basic goods identified by Finnis?
A: Life, knowledge, play, aesthetic experience, sociability (friendship), practical
reasonableness, and religion.
17. Q: According to Lon Fuller, a system of rules must meet eight principles to be
considered law. What does he call these principles?
A: The inner morality of law or procedural natural law.
18. Q: Name three of Fuller's eight principles of legality.
A: Laws must be (1) general, (2) promulgated, (3) prospective (not retroactive), (4) clear, (5)
