Legal Philosophy
Natural Law Theory - ANS-Law and morality are deeply connected. So justice derived
from nature, and not from rules by society. Morals first, law later. Anything that is law is
rational, anything that isnt law isnt rational.
Cicero - ANS-he baso says that if legal positivism is true and the law was made by the
people, then why dont they decide for bad things (like theft) to become a good thing? he
is saying they could just decide for bad things to become the law but they havent.
Hobbes - ANS-Defender of absolutism. Humans are equal so they fight against each
other. If they didnt have law or justice, there would just be war left. he also argues that
human beings have a right to live bc they have a tendancy to survive. finally, he argues
that State is defined by the transferral of power from the community members to
preserve life.
Locke - ANS-main theorist of parliamentarian. argued that human beings are free and
rational. they understand that others also have rights so state of nature isnt necessarily
a state of war. humans have a right to life, freedom, property. society existed before the
State so its power has limits. if the state doesnt protect the rights of the citizens, they
have a right to "appeal to heaven" and overturn the state. "thin state" means that the
state has a minimal role and it cant impact the life of citizens.
Critiques - ANS-it presumes that nature is innately good, uncertainty of law
Aquinas - ANS-Idenitified the principles of rational conduct for humans being the
principles of the natural law. Law is derived from reason. consequences: law is for the
common good so we have to live together, legal authority requires having care of the
community, and law must be promulgated so there must be a public process and people
must be aware of these rational standards. BASO: law is rational, if its not rational, its
not law.
Aquinas - 4 types of law - ANS-There are 4 types of law. lex divina (god's law and what
we must do to go to paradise). lex aeterna (the cosmic order of nature, its God's thought
and God's will). Lex naturalis (justice is related to rationality, not faith). Lex humana law
of the community.
Natural Law Theory - ANS-Law and morality are deeply connected. So justice derived
from nature, and not from rules by society. Morals first, law later. Anything that is law is
rational, anything that isnt law isnt rational.
Cicero - ANS-he baso says that if legal positivism is true and the law was made by the
people, then why dont they decide for bad things (like theft) to become a good thing? he
is saying they could just decide for bad things to become the law but they havent.
Hobbes - ANS-Defender of absolutism. Humans are equal so they fight against each
other. If they didnt have law or justice, there would just be war left. he also argues that
human beings have a right to live bc they have a tendancy to survive. finally, he argues
that State is defined by the transferral of power from the community members to
preserve life.
Locke - ANS-main theorist of parliamentarian. argued that human beings are free and
rational. they understand that others also have rights so state of nature isnt necessarily
a state of war. humans have a right to life, freedom, property. society existed before the
State so its power has limits. if the state doesnt protect the rights of the citizens, they
have a right to "appeal to heaven" and overturn the state. "thin state" means that the
state has a minimal role and it cant impact the life of citizens.
Critiques - ANS-it presumes that nature is innately good, uncertainty of law
Aquinas - ANS-Idenitified the principles of rational conduct for humans being the
principles of the natural law. Law is derived from reason. consequences: law is for the
common good so we have to live together, legal authority requires having care of the
community, and law must be promulgated so there must be a public process and people
must be aware of these rational standards. BASO: law is rational, if its not rational, its
not law.
Aquinas - 4 types of law - ANS-There are 4 types of law. lex divina (god's law and what
we must do to go to paradise). lex aeterna (the cosmic order of nature, its God's thought
and God's will). Lex naturalis (justice is related to rationality, not faith). Lex humana law
of the community.
