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Socrates Plato
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 is a hierarchy of obedience. First people follow
the law out of fear, then out of habit and then out of the realization that law
is just.
Since law should reflect a moral quality, Plato argues that it is just to
disobey an unjust law that does not produce harmony and justice. (Civil
Disobedience)
Aristotle (384 322 BCE)
Student of Plato
Law is derived from
Nature and is inherent in
all things animate and
inanimate.
Law and justice are
meant to produce human
happiness. This
happiness is gained
through being virtuous
and controlling our inner
beast.
Unlike Plato, Aristotle
believed that justice was
within the grasp of human
beings.
Human beings are
endowed with the ability
to think and reason.
Therefore humans can
recognize their own nature
and make laws that are
suitable to that nature.
The perfect standard of
law is revealed through the
exercise of human reason
guided by observation.
This is called rationalism.
The laws of the state
must regulate human life
to help citizens to use their
reason to its greatest
potential.
Aristotle on Causality
Example:
1 Socrates is a man.
2 All men are mortal.
3 Therefore Socrates is mortal.
Steps 1 and 2 are the premises, that is, the reasons for
the inference.
Step 3 is the conclusion that is inferred. This is a good
argument because the premises support the conclusion.
1 All As are B.
2 Some As are B.
3 No As are B.
4 Some As are not B.
Not all syllogisms are deductively valid,
however. Aristotle carefully laid them out
and sorted them, discussing problematic
inferences. By introducing this sort of
logical analysis, he set a rigorous standard
for intellectual debate for ever after.
REALSIM
Aquinas defines
human law as the
ordinance of
reason for the
common good,
proclaimed
publicly by a ruler
who has care for
the community.
English Philosopher and John Locke (1632 1704)
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 person
should deny these rights to
another therefore the main goal of
the state is to preserve these rights.
In the state of nature, peoples
passions often get the better of
their reason which leads to the
oppression of the weak. People
enter into civil society to hand over
authority to the state to preserve
rights.
Locke recommends that if the ruler violates the
natural rights of the people, the people are justified in
rebelling and replacing an unjust government with one
that will respect their rights.
The Taking of the Bastille
during The French
Revolution (1789)
R. M. Dworkin (1931 - )
Political and Legal Philosopher
Law must possess a moral content.
Legal reasoning is interpretive as we
try to make political and moral sense
out of difficult situations or cases.
Law has to have political integrity.
Law should be a union of widely held,
coherent political decisions that show a
consistency of moral choices and a
shared vision of social justice. Law
cannot focus on individual wants and
desires.
POSTIVE LAW PHILOSOPHERS