Socrates

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					The Great Philosophers
Socrates (470-399 B.C.)
                the highest form of
                 Human Excellence is to
                 question oneself and
                 others
                Socrates believed
                 "ideals belong in a
                 world that only the wise
                 man can understand"
                 making the philosopher
                 the only type of person
                 suitable to govern
                 others
                ideal of a perfect
                 republic led by
                 philosophers
Importance

   Law is governed by reason, not by the
    whims of rulers
Aristotle (384-322 B.C.)
                 Potentiality
                 Use of reason to
                  achieve knowledge
                  of justice
                 Democracy is the
                  end result of reason
CYU – The Greeks

   Are Socrates and Aristotle Naturalists
    or Positivists?
   What was the revolutionary concept
    that both espoused?
   Why is this important for
    contemporary law?
   Is Socrates a democrat? Is Aristotle?
Thomas Hobbes (1588-
1679)
              In the natural condition of
               mankind, while some men
               may be stronger or more
               intelligent than others, none
               are so strong and smart as
               to be beyond a fear of
               violent death.
              When threatened with
               death, man in his natural
               state cannot help but
               defend himself in any way
               possible.
“Nasty, Brutish, Short”
                  Self-defense against
                   violent death is
                   Hobbes's highest
                   human necessity, and
                   rights are borne of
                   necessity. In the state
                   of nature, then, each of
                   us has a right to
                   everything in the world.
                   Due to the scarcity of
                   things in the world,
                   there is a constant, and
                   rights-based, "war of all
                   against all" (bellum
                   omnium contra omnes).
                   Life in the state of
                   nature is "solitary, poor,
                   nasty, brutish, short"
The Leviathan
                   society is a population
                    beneath an authority, to
                    whom all individuals in
                    that society surrender
                    just enough of their
                    natural right for the
                    authority to be able to
                    ensure internal peace
                    and a common defense.
                    This sovereign, whether
                    monarch, aristocracy or
                    democracy (though
                    Hobbes prefers
                    monarchy), should be a
                    Leviathan, an absolute
                    authority.
  The Leviathan cont’d.

                        infinitely
"CONTRACTS WITHOUT       authoritative in
THE SWORD ARE ONLY       matters pertaining
WORDS;                   to aggression, one
THE WILL OF THE          man waging war on
SOVEREIGN MUST BE
                         another, or any
LAW"
                         matters pertaining
                         to the cohesiveness
                         of the state.
Implications
   What implications does Hobbes’ theory have
    for individual rights?
   Do you agree with his beliefs about how
    people really behave without law?
   Say my wife dies in a tragic backgammon
    accident. I am the sole beneficiary in her
    will. According to Hobbes, can the
    government just take all of her money when
    she dies rather than giving it to me
    pursuant to her will?
   Is there an example you can think of in
    contemporary times of his legal philosophy
    at work?
John Locke
                Contradicting Thomas
                 Hobbes, Locke believed
                 that the original state
                 of nature was happy
                 and characterized by
                 reason and tolerance.
                 In that state all people
                 were equal and
                 independent, and none
                 had a right to harm
                 another’s “life, health,
                 liberty, or
                 possessions.”
Social Contract
                 The state was
                  formed by social
                  contract because in
                  the state of nature
                  each was his own
                  judge, and there
                  was no protection
                  against those who
                  lived outside the law
                  of nature. The state
                  should be guided by
                  natural law.
Inalienable Rights
   Declaration of Independence:              thought that all men
                                              had the natural rights of
                                              life, liberty, the pursuit
   We hold these truths to be self-           of happiness, and
   evident,                                   estate. He also
   that all men are created equal,
   that they are endowed by their             developed the Lockeian
   Creator with certain                       social contract which
   unalienable Rights, that among these       included the state of
   are Life, Liberty and the pursuit of       nature, government
   Happiness                                  with the consent of the
                                              governed and all the
                                              natural rights.
   What does “inalienable” mean?
   Say I kill my wife. My wife’s will says
    that I am the sole beneficiary of her
    estate, which is in the millions (she
    invented the post-it note). According
    to Locke, can I still get all of her stuff?
   Can people lose their rights? When?
Jeremy Bentham and
Utilitarianism
              1748-1832
              argued that the
               right act or policy
               was that which
               would cause "the
               greatest happiness
               for the greatest
               number"
              Felicific Calculus
Felicific Calculus

                   Sum up all the values of all
                    the pleasures on the one
                    side, and those of all the
                    pains on the other. The
                    balance, if it be on the side
                    of pleasure, will give the
                    good tendency of the act
                    upon the whole, with
                    respect to the interests of
                    that individual person; if on
                    the side of pain, the bad
                    tendency of it upon the
                    whole.
The math of pleasure? The
algebra of ecstacy?
   What does the following mean?
   Pmaj > Pmin = good law

   What if the government forgets to
    carry the two?

   Implications for minority rights?
Karl Marx and “The Man”
               1818-1883
               Workers of the
                world unite!!
               Materialist
                conception of history
               Exploitation
               Status Quo
               Law is used by
                bourgeousie to stay
                in power and
                prevent true equality
Marx Cont’d

                 Role of philosophy
                  is to overthrow the
                  status quo to a
                  state of true
                  equality
Do you understand?
   Is Marx in favour of capitalism?
   What does he want to do?
   What role does law play?
   If our classroom was communist, who
    would decide what assignments you
    would complete?
Feminism

              Andrea Dworkin
              Law used to
               subordinate women
              Marxist in outlook
              i.e. pornography,
               rape laws
Feminism Cont’d

   Girls – why do you have to wear a
    shirt?
   Would a feminist support the
    legalization of pornography?
Legal Realism

   It’s all about practicalities, not theory
   The individual biases of the decision-
    maker, not principle or theories of
    thought, are the most important
    variable in legal decsionmaking.
Legal Realism

   Is Legal Realism naturalist or
    positivist?
   What does the law really come down
    to?
   If you were accused of a crime, which
    judge would you want – Angus
    MacTavish or Ramandeep Sahota?

				
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posted:9/8/2012
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