Notes Part 1 - Michael Niese BLS 342 Lecture Notes August...

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Michael Niese BLS 342 Lecture Notes: August- Exam 1 3 parts to a law: - Reason - Rule - Application Laws are organic and evolving All business is transaction- buying and selling (goods, services, real estate) - Legal concept of contract: vehicle of transaction - Agent uses contract Why is something illegal? - Against law Why is it wrong? - God: source of morality Relationship between illegality and morality - Morals dictate laws - Law comes from God/ from an objective source - Law is not made by man/ rather it is interpreted and identified Judaism- “covenant:” relationship between God and Jews/ “contract” - Laws are important/ create covenant Greeks- what is nature of law Xeno- created academy of stoics - Objectives rules, truth, and principles in universe, independent of humans - Exist regardless of humans o In physical world: gravity, sunrise - This is not the law of nature, but the law of ideas/ society 3 rd Century- Aristotle Plato: gave way to Platonic ideals - Objective truth is in sunlight: law of nature of things - Evolved into natural law (essence/ nature of things) Classical Era (1000 BC- 450 AD) Middle Ages (450 AD- 1464 AD) Dark Ages Renaissance *800 AD- crowning of Charlemagne
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- At end of classical era, natural law created o Merged from Judaism-Grecco (Roman) thought Legal Theory 1. Origin: God or objective truth 2. Application 3. Legitimacy: in old days, King’s power came from God a. God “wanted” kind to win battle With rise of modern thinking, counter theory of natural law emerged - Thomas Aquinas: Tohmisitc Theory, Summa Theologica: what is nature of law o Law comes from human perspective No immediate connection with morality Political process - Machiavelli, “The Prince:” law made by those who have power to enforce it o “poseo:” to put into place/ deposit o Positive Law: literal law made by man without overlay of morality Rise of Natural Law vs. Positive Law - Debate comes forth in Western Revolution o Revolutionary War, French Revolution, Russian Revolution Mid-late 1600s, natural law in Spain - Separated from religion = natural rights - Moves to France/ 1700s French philosophy o Enlightenment: John Locke to Thomas Jefferson 3 Fundamental Rights: 1. Life 2. Liberty 3. Property/ Pursuit of Happiness (Jefferson) - US Constitution acknowledges fundamental rights Application Theory Classical Formalism (Civil War- WWI) - Focus on rule/ integrity of rule is most important (“ladies in CAB building” - Follows integrity of the law Legal Realism - Result of application of rule has to be fair - Consequences of law should impact how it is law o Reaction to classical formalism
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Natural Law - NOT law of nature, but the nature of things - Essence of being o Humans discover universal, objective principles Exist independently of “feelings” o Murder is objectively wrong Morality comes from absolute Positive Law - Right to give laws - Right to rule each other/ legitimate through men’s thinking - Can enforce the law o Agree as society that certain things are wrong - Why is law legitimate? Because we say it is, through our reason and thinking
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