MIDTERM POL 150 - MIDTERM POL 150 Foundations of Legal...

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MIDTERM POL 150 Foundations of Legal Philosophy o Constitutionalism Political philosophy regarding the organization of government and distribution of power Government can and should be limited in its power Embedded in classical liberalism Ex. Locke, Hobbes, Smith o Foundations for liberal philosophy Debt to Aristotle’s [ancient philosophy] regime classification (six types on whether or not government is good or bad and how many people rule) Roots in the Enlightenment [3 phenomena that are important for the rise of rationalism and individualism during the Enlightenment] Rise of rationalism- idea of science like with Newton Rise of individualism- idea of individuals rights and freedoms Government legitimacy becomes an issue (limited) Higher Law or Rule of Law Historical context: [Monte Python clip] Neutral law applied to all people Feudalism- Magna Carta beginning of “higher law tradition” o Classical Liberalism: Political philosophy founded upon ideas of liberty and equality 3 main elements:
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1. Individual and natural rights (social contract tradition) Hobbes- Leviathan- state of nature theorist known for state of nature as state of war. Only resolution is near absolute sovereignty. Each individual needs to give up some of their natural rights in order for security Locke- Two Treatises on Government- another state of nature theorist, who sees the governments’ purpose as protector of property and naturally given individual rights against security threats posed by self-interest 2. Limited Government: consent to be governed, so it meant that it was artificial not natural not necessarily small in size, but power limited in some way 3. Equality of Opportunity: (economic, social, political) One mainstream view of social, political justice Ex. Rawls [discusses theories of justice]
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MIDTERM POL 150 - MIDTERM POL 150 Foundations of Legal...

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