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JUSTICE
It is the mark of an
educated mind to be
able to entertain a
thought without
accepting it.
Aristotle
WHAT IS LAW ?
LAW
Enforceable rules
governing relationships
among persons
between persons and
society
EVOLUTION OF LAW
The Code of Hammurabi
First written legal code
Developed in Babylonia
About 2000 BC
MOSAIC LAW
Heraclitus
About 600 BC
SOCRATES
About 400 BC
Recognized the tension between law which is
just and law which is merely what
government says it is
Platos Minos
SOCRATES Law is the correct
judgment of the state.
States legislate a concept of justice and
particular conceptions of justice.
Only decrees based upon knowledge of
objective justice and injustice can
count as true laws
Aristotle
The Father of Natural Law
At his best, man is the noblest of all animals; separated from law and
justice he is the worst.
NATURAL LAW
Natural law comprises the essential rules
without which no human society could
be considered just: rules good for all
times and places.
NATURAL LAW
Assumes there is a higher or
universal law that applies to all
people everywhere
Assumes that law, rights and
ethics are based on universal
moral principals inherent in nature
discoverable through the human
reason
Nicomachean Ethics
The law is reason, free from passion.
Law = when reason is used to analyze
human nature and deduce binding
rules of moral behavior.
Certain rights or values are inherent in
or universally cognizable because they
are created by nature.
CICERO
Roman Statesman
About 100 BC
Famous Definition
of
Natural Law
About 1265
Law; an ordinance of reason for the
common good, made by him who has care of
the community.
Summa Theologica
Law is the rational creature's participation in the
Eternal law. Yet, since human reason could not fully
comprehend the Eternal law (God), it needed to be
supplemented by revealed Divine law (Church).
All human laws were to be judged by their
conformity to the natural law.
An unjust law is not a law, in the full sense of the
word. It retains merely the 'appearance' of law
insofar as it is duly constituted and enforced in the
same way a just law is, but is itself a 'perversion of
law.
philosophers
Proposed a theory
of law building on
natural law
principles
Declaration of Independence
US CONSTITUTION
US CONSTITUTION
The US Constitution does not grant
rights, but rather gives government the
power to protect those rights that the
Founding Fathers believed were
fundamental and inalienable for all
people
Immanuel Kant
LEGAL POSITIVISM
No inherent or necessary connection
between law and ethics or morality
Law is conceptually separate from
moral and ethical values,
Law is posited by lawmakers, who are
humans
Law is ultimately a matter of human
custom or convention.
LEGAL POSITIVISM
Whether a society has a legal system depends
on the presence of certain structures of
governance, not on the extent to which it
satisfies ideals of justice, democracy, or the rule
of law.
What laws are in force in that system depends
on what social standards its officials recognize
as authoritative; for example, legislative
enactments, judicial decisions, or social
customs.
LEGAL POSITIVISM
The fact that a policy would be just,
wise, efficient, or prudent is never
sufficient reason for thinking that it
is actually the law, and the fact that
it is unjust, unwise, inefficient or
imprudent is never sufficient reason
for doubting it.
LEGAL POSITIVISM
Law is a matter of what has been posited
(ordered, decided)
JEREMY BENTHAM
1750s
Nature has placed mankind under the
governance of two sovereign masters,
pain and pleasure.
It is for them alone to point out what we
ought to do, as well as to determine what
we shall do.
UTILITARIANISM
UTILITARIANISM
the right act or policy was that which
would cause "the greatest good for the
greatest number of people
also known as the principle of utility
LEGAL POSITIVISM
The Province of
Jurisprudence
Determined (1832)
Influenced by
Bentham
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