Notes Philosophy Of Law PHILOSOPHERS
The purpose of law is to serve as a moral guide on how to live the good life.
A human being achieves a state of justice through reason.
The state achieves a state of justice through law.
Plato believed that there i
Notes Philosophy Of Law Impact/Influence of Natural Law Tradition
Natural Law Tradition
International Law (Grotius, Pufendorf)
Constitution & U. S. Declaration of Independence (Jefferson)
JUST WAR THEORY (jus ad bellum AND jus in be
Notes Philosophy Of Law General Tendencies of Platonists and Nominalists
General Tendencies of Platonists and Nominalists
s Platonists tend to be more rationalistic, open to metaphysical theories, including
the irreducibility of human being to physical pr
Notes Philosophy Of Law Natural Law: St Thomas Aquinas
Natural Law: St Thomas Aquinas
Gods law is imprinted upon us . . . The light of natural reason, whereby we
discern what is good and what is evil, is nothing else than an imprint on us of the
Notes Philosophy Of Law Natural Rights & Natural Law
Natural Rights & Natural Law
In the Declaration of Independence, Thomas Jefferson (following the
English philosopher, John Locke) makes reference to self-evident truths,
among which are certain inalie
Notes Philosophy Of Law Principle of Double Effect
Principle of Double Effect
Is the act good / morally permissible?
Is the bad effect unavoidable?
Is bad effect means to achieve good effect?
Does good effect outweigh bad effect?
Sometimes the answer
Notes Philosophy Of Law John Locke
John Locke (1632 1704)
English Philosopher and Political Theorist
All people have natural rights given to them by birth from God.
The most fundamental rights are life, liberty and property.
Natural law states that no
Notes Philosophy Of Law St. Thomas Aquinas
St. Thomas Aquinas
Influenced by Aristotle and Christian teachings.
Natural Law and Rationalism are consistent with Christian truth.
Law must mirror a natural world order made known through re
Notes Philosophy Of Law Jeremy Bentham and John Austin
Jeremy Bentham (1748 1832) and John Austin (1790 1859)
the greatest good for the greatest number of people.
The purpose of law is to maintain social order and the
Notes Philosophy Of Law Introduction
What is Philosophy?
s Reflecting on common sense knowledge, seeking a deeper understanding of
what we already know
s Linguistic or conceptual analysis
s That branch of science that is concerned with thos