legal philosophy
Why does Aristotle think that practical reason is necessary in a system governed by the
rule of law - ANS-- describes law as reasoned thoughts embodied in the decrees of the
state
- reason acts as a type of wisdom that helps guide what people should do which can
help with the common good
How does the Stoic view of nature relate to natural law theory? - ANS-- nature is
reason, natural law is guided by reason
- nature leads to peace
- emotions can damage judgements
somethings in nature can't be changed
Aquinas' definition of law - ANS-Law is a certain ordinance of reason for the common
good, made by him who has care of the community and promulgated
- law is made to help people
- consists of eternal(ordering of the universe, God), natural(part of eternal law:reason),
positive(human law) and divine law(what guides people to heaven)
How is Hobbes' conception of sovereignty a refutation of traditional natural law theory? -
ANS-- people are not guided by reason but by self preservation by following that what
the sovereign says is just.
- sovereign has absolut power
What animated Comte's scientific positivism and Austin's legal positivism? - ANS--the
idea of observable experiences
- must be grounded in experiences and measurements
- no knowledge of ends
Austin's definition of law - ANS-a command backed by threats
Ordinary language philosophy - ANS-a misunderstanding of language by philosophers
- philosophers like hart and austin define every part of their definitions
Difference between "rule" and "behaving as a rule" - ANS-a rule is used as guide or as a
justification
Why does Aristotle think that practical reason is necessary in a system governed by the
rule of law - ANS-- describes law as reasoned thoughts embodied in the decrees of the
state
- reason acts as a type of wisdom that helps guide what people should do which can
help with the common good
How does the Stoic view of nature relate to natural law theory? - ANS-- nature is
reason, natural law is guided by reason
- nature leads to peace
- emotions can damage judgements
somethings in nature can't be changed
Aquinas' definition of law - ANS-Law is a certain ordinance of reason for the common
good, made by him who has care of the community and promulgated
- law is made to help people
- consists of eternal(ordering of the universe, God), natural(part of eternal law:reason),
positive(human law) and divine law(what guides people to heaven)
How is Hobbes' conception of sovereignty a refutation of traditional natural law theory? -
ANS-- people are not guided by reason but by self preservation by following that what
the sovereign says is just.
- sovereign has absolut power
What animated Comte's scientific positivism and Austin's legal positivism? - ANS--the
idea of observable experiences
- must be grounded in experiences and measurements
- no knowledge of ends
Austin's definition of law - ANS-a command backed by threats
Ordinary language philosophy - ANS-a misunderstanding of language by philosophers
- philosophers like hart and austin define every part of their definitions
Difference between "rule" and "behaving as a rule" - ANS-a rule is used as guide or as a
justification
