Session_2 by Wittgenstein


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									Session 2                                             1/30/2011 10:08:00 AM

 The Power to State the Law
        Legislature  passes law – statute
        Court  passes precedent decisions
                 rendering of the law
        Statues  power to state the law
 Story law in Rome
        Rome interesting idea
             o Aristocracy ruled by elites
             o 510 B.C – 287 B.C.
             o higher ups  “patricians”
                   Julius Caesar Patrician family “Julians”
            o Below Plebeians
                   Labor workers
            o Order of the classes
                   Patrician
                   Plebeians
                   Slaves
            o Plebeians didn’t like how things were going they went on
              strike which shut down markets
                 Labor was halted
            o Net resulted Plebian assembly
                 Assembly of regular people to protect themselves
                        Like a union
                        Could petition
                 1st thing they asked for was the law to be stated
                        wanted posted and the law shouldn’t be secret
                        rules need written down and punishment for
                          breaking such laws
            o The rulers were privileged  over the ruled who were not
 1. Rule on whim  contradicting (Senseless)
                   Confusing
                   Can’t comply
 2. Convenient for the powerful
                   Doesn’t make sense
                   Not stable
3. Laws apply to govern
       law for certain people

Can now comply when written down
Law is what law maker says
       Parent child relationship
Twelve tables
       Does and don’ts
       Like 10 commandments
Plebs not the first
       Code of Hammurabi
           o An eye for an eye
      Babylonian king
      Urukagina’s code
           o Mesopotamian Kings
“Due Process”
      Plebs then demanded access to the Senate
      Want to see the law before it was coming
      Law should not be private, should be in public sphere
       Want the right to apply the ruling
Event “Lex Hortensia”
       Plebs now want to make laws
            o Laws now apply to Patricians too
                  Bicameral law
                        Upper and lower chamber
                  Not exactly the same but something like it
The lesson about law and society
       Roman system said Plebs had the right to make law
          o Tried to use reform for land disputes and tried to pass law
          o Patricians clubbed to death leaders of plebs
          o real law is society
Who has power to state law?
      Kings ruled, not aristocrats
      Medieval times, kings power was absolute
      Rational was Divine Right
            o God ordained one family to the rule of land and passed on
              through kin
         King stated law by
              o Proclamations
              o Decrees
              o Pronouncements
         Sometimes king would have to have aristocrats to agree and carry
          it out
              o Nobles had to sign
            o Parliament had to be included
            o Overtime it became customs and tradition and had to have
                parliaments approval
                    No taxing or war
                    Nothing big unless parliament approved
            o Parliament is sovereign and not the king  they write the law
                    legislature gets to write the laws
What is “legislature” called?
      Verbs for law
            o Legislature
                  Enacting
                  Passing
                  Legislating
            o King
                  Proclamation
                  Decree
                  Pronouncement
Passing law terms
       “codified law” (“code book”)
           o all laws passed for certain situations
                   e.g. criminal code book
           o “stratification”  doing to much, passing too many laws
Conceptual Issues
      Important events in philosophic History
           o State the law
                   2 important things
                         notice how to comply
                         Once law stated and posted  external from ruler
                          not rulers whim (constrain them)
                    Not universal at first
                         Higher ups above
                         Slaves  not worthy
                    Universality
                         Law applies to everyone
                              The Rule of Law
                                    o Everyone subject to the same rules
Is there a basis or has to have basis before legislation be passed?
       Answer is no
       Does not have to be moral or just
            o Whoever has the power gets to command
       Unjust laws are laws  have to resist
       Courts in theory do different
            o They give opinions and don’t pass laws and that their decision
               is right
1/30/2011 10:08:00 AM
1/30/2011 10:08:00 AM

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