Aristotle: - We are masters of our own character - We pick and choose what we do and therefore we decide if we are good

or bad Kant: -

What works in theory will work in practice The violation of ones duty even eithout taking into consideration the disadvantages that follow, directly affects the mind of the agent and makes him reprehensible and punishable in his own eyes.

F.H. Bradley: - To know what man is, you must not take him in isolation. He is one of a people, he was born in a family, he lives in certain society, in a certain state. - Man is a social being; he is real only because he is social, and can realize himself only because it is as social that he realizes himself. The mere individual is a delusion of theory; and ht eattempt to realize it in practice is the starvation and mutilation of human nature, with total sterility or the production of monstrosities. Dworkin: - Social contracts are what help govern happiness - Rights based theory based on john rawls two principles: o We are all entitled to the basic set of political liberties o And all the decisions must also benefit the worse off citizen - Analysis of rights based theory you start by making yourself ignorant of all influences to avoid bias. Nussbaum: 375B-59 Wiesser: - Attorney Bibb helped other side win by coaching otherside and helping otherside because he believed that the people he was prosecuting were innocent. - The objective of the prosecutor is to insure justice Positivism: - Positivist take the law as it was enacted on statutes and enforce law coercively by police Natural Law - Principles that are universally accepted. Loyld: - Marx (best known anarchist): law was nothing by a coercive system devised to maintain the privileges of the property-owning class Unger: - It is the job of the laws to guarantee the supreme goods of social life, order, and freedom. - Self-interest, and any sharing of common values will all be insufficient to keep peace - Peace must be established by rules

Constitutive rules define a form of conduct in such a way that the distinction between the rule and the ruled activity disappears. (like chess the rules of the game defines the game) o Technical rules are guides for the choice of the most effective means to an end. (do x if you want y) essentially these are hypothetical o Prescriptive rules are rules that are imperatives that state what some category of persons may do, ought to do, or not do. They are different form constitutive rules because they are clearly distinguishable from the conduct they govern. Laws must be impersonal because the laws that oppress, the oppressed will not love the law. Laws must embody more than the values of an individual or of a group To the positivist, universal laws are simply convention which set the boundaries among particular interest so that these interests will not destroy each other. To the Natural Rights Theorist, the system of private law concepts of contract and property or the doctrine of separation of powers in public law as if they had autonomous logic that survived in all their transutations. Only a system of prescriptive rules can resolve the problems of order and freedom. The rights and duties are established by principles whos formulation becomes more general and therefore more perfect the less their applicability turns on who and where on is.

Dennis Lloyd: - Law is necessary depending on the individual outlook of man: o if man is inherently good then one can reason that law is a restrain to the freedoms of man o if man is inherently bad then law protects against the evil of men and anarchy CIVIL DISOBEDIENCE John Locke - when a government acts against what the people who elected them want, then the people have a right to overthrow that government. - However, the power that every individual gave the society when he entered into it can never revert to the individuals again as long as the society lasts, but will always remain in the community, because without this there can be no community, no commonwealth, which is contrary to the original agreement; so also when the society has placed the legislative in any assemblyof men, to continue in them and their successors with direction and authority for providing such successors, the legislative can never revert to the people while the government lasts, because having provided a legislative with power to continue forever, they have given up their political power to the legislative and cannot resume it. Henry David Thoreau - there will never be a really free and enlightened state, until the state comes to recognize the individual as a higher and independent power, from which all its own power and authority are derived, and treats him accordingly. - People are morally against a wrong doing yet do nothing actively to change it - The only obligation which I hace the right to assume, is to do at any time what I think is right. Martin Luther King - Civil disobedience o You must loving accept the punishment of breaking the law

o Peaceful disobedience of unjust law o St. Augustine: an unjust law is no law at all Any law that uplifts human personality is just, any law that degrades human personality is unjust. A law is unjust if it is inflicted on a minority that, as a result of being denied the right to vote, had no part in enacting or devising the law. A law is unjust if the majority group compels a minority group to obey the statute but does not make it binding on itself

A.P. dEntreves test the validity of laws by referring them to an ultimate measure, to an ideal law which can be known and appraised with an even greater measure of certainty than all existing legislation. It is nothing less than the old doctrine that the validity of laws does not depend on their positiveness, and that it is the duty of the individual to pass judgment on laws before he obeys them Natural law seems to have taken its revenge upon the very champions of the pernicious doctrine that ther is no law but positive law, or that might equals right, since for all practical purposes the two propositions are perfectly equivalent.

Oliver Wendell Holmes Jr. - Believers in natural law are nave because they are in that nave state of mind that accepts what has been familiar and accepted by them and their neighbors as something that must be accepted by all men everywhere. - Law is to be determined by the political and economic backdrop of the society which seeks to enforce it. - Legal Realism o "the law," whatever that may be, is concerned with and is intrinsically tied to the realworld outcomes of particular cases. Accepting this premise moves jurisprudence, or the study of law in the abstract, away from hypothetical predictions and closer to empirical reflections of fact. o it is not concerned with what the law should, or "ought to" be, but that legal realism simply seeks to describe what the law is VIRTUE ETHICS - The primary concern of virtue ethics is with personal integrity o The coherence of ones actions with ones values and character. - Virtue ethics is an inward looking moral theory that focuses on what it means to lead a good life - Virtue Ethics is a goal based philosophy - The telos is promoting human flourishing - Character influences our actions, but also actions influence our character - Virtue Ethicist ask: o What direction do the virtues of justice, courage, honesty, prudence, etc. point me in making this decision? o What type of person will I become if I behave in a certain way, and do I want to become that sort of person? Daniel Markovits

The adversary system excuse In this system, lawyers represent clients rather than justice and represent clients with zealous advocacy o They care mostly about their clients over justice - Lawyers are Partial, they prefer their clients interest over the interest of others in ways tht would ordinarily be immoral. - Lawyers attempt to convince others of characterizations of facts and laws that they themselves believe to be false. o Lawyers are required by their duty of zealous advocacy to present colorable versions of the facts that they do not themselves believe and to make colorable legal arguments they reject. Ursela Leguin - Those who walk away - The utopian society where a child is sacrificed for the happiness of the entire community Casuistry - Argues that you analogize from easy cases as you strive for the best answer in the more complex cases before you. - Requires a commitment to understanding the facts and context of the questions at hand. - Casuistry requires that you obtain as many facts as possible as you undertake the analysis of paradigm cases. - This is a method of analysis, but does not provide answers for actual cases. Pragmatism - Theories and practice go hand in hand. - This I like casuistry Phyllis Goldfarb: Feminism - A student should consider a number of important questions: o What were the structural forces historical, social and cultural alive in the era and region in which the case was born? o What were the patterns of social conflict and conditions of social distress that may have affected its birth? o How did the conduct and outcome of the case affect these conditions? o How can professionals and institutions respond to the individual and social problems they encounter? - Feminism and clinicians would require students to reason from the concrete reality of the cases to principled conclusions. - Feminists would have students consider the reasoning and advanced and the conclusions desired by the full array of interested persons before making any decisions, encouraging students to rethink doctrine from a variety of Ted Lochhart: - In a situation of moral uncertainty, the decision maker should choose some action that has the maximum probability of being morally right. Paul Tremble - Moral activism, if it is to change the way that professional behaviors manifest in public, means, at its core, betrayal of a clients trust. The moral activism project encourages betrayal of client trust only when the clients demands forfeit that trust.

A good faith lawyer confronted with an unseemly undertakeing, must firt determine whether the questionable action requested by her client is lawful. If nt she most lilkey will refuse to proceed. If the undertaking is not forbidden, then, and only then, the activism equation plays in. if the undertaking is lawful, but still unseemly, the lawyer must decide whether the unseemliness is so repugnant that she will refuse to participate in the clients cause. Self-serving biases, the endowment effect, the belief in perseverance phenomenon, and the availability knows, believes and values functions to support the encouraged beliefs which a person wants to possess, or which are in there interest