Lju4801 Legal Philosophy Midterm questions and answers and graded A+

Why does Aristotle think that practical reason is necessary in a system governed by the rule of law? - ANSAristotle believed that practical reason was necessary in a system governed by the rule of law because the best way to respond to human problems is through human reason. Aristotle believed that to uphold a rational state, laws must be good and respond to the needs of the citizens. He believed that the best way to compel people to be good through law was to create laws for the common good with equal treatment, and fair punishment. How does the Stoic view of nature relate to natural law theory? - ANSThe Stoic view of nature is that the universe flows in a certain rhythm and therefore to follow nature is to follow reason. The Stoic view of nature champions principles of liberty and equality. If everyone follows nature, and therefore follows reason, then everyone is equal in status and everyone can govern themselves. Stoics believe that nature provides a normative ruling principle. This related to natural law theory in its belief that reason follows nature and that law is unchanging over time. Ordinary language philosophy - ANSPhilosophical school of thought that sees traditional philosophical problems as rooted in misunderstandings philosophers develop by distorting or forgetting what words actually mean in everyday use. Highly influenced Hart. Harshly criticize how people talk about law. Ludwig Vikenstein believed that many of the traditional problems of philosophy were illusions. Based on misuse of ideas and words. Aquinas' definition of law - ANSLaw is a certain ordinance of reason for the common good, made by him who has care of the community and promulgated. He categorizes law into four kinds: eternal law, which is identical to the mind of God. The second is divine law, which is derived from eternal law as it appears to (powerful) humans through divine commands. The third is natural law, which is moral and works for the preservation of human life. Natural law is naturally inherited and is accessibly to all humans through thinking and reason. The fourth and final law is human/positive law, which in a way, is less perfect (though more specific) than natural law and tends to resolve around customs and may change with time. How is Hobbes' conception of sovereignty a refutation of traditional natural law theory? - ANSa. Hobbes gives the sovereign the absolute power. Absolute power gives ultimate and all power to sovereign, thus violating the definition of natural law which states that certain rights are inherent to individuals universally. Not all rights are given to the individual as stated in the definition of traditional natural law. Right to self-preservation is the only natural right. Source of authority, we agreed to give the authority in the social contract.