American Revolution and Natural Rights

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Questions and Answers

What was the basis of the revolution against British colonial rule in America?

An appeal to natural rights (correct)

A plea for foreign intervention

A call for military support

A desire for wealth and power

Which rights are emphasized in the Declaration of Independence of 1776?

Social security, freedom of speech, and education

Life, liberty, and property

Life, liberty, and the pursuit of happiness (correct)

Equality, fraternity, and liberty

What concept does Hobbes suggest is necessary for social order?

Democratic governance

Revolutionary rights

The social contract (correct)

Anarchy

According to Hobbes, what is the natural state of man?

Solitary, poor, nasty, brutish, and short Signup and view all the answers

How does Hobbes view charity and altruistic actions?

As self-serving Signup and view all the answers

What do contractarian theories explain about political rights and obligations?

They are based on a social contract involving consent. Signup and view all the answers

What is the primary objective of Hobbes's philosophy regarding government?

To place order above justice Signup and view all the answers

What philosophical approach influenced the notion of natural rights in the 18th century?

Natural law and contractarian theories Signup and view all the answers

Which right is explicitly mentioned in Finnis's conception of natural rights?

The right not to be tortured Signup and view all the answers

What does Finnis suggest is integral to human good?

Individual initiative and interaction Signup and view all the answers

According to Finnis, how are the first principles of natural law grasped?

By simple non-inferential understanding Signup and view all the answers

What do legal positivists deny regarding the validity of norms?

That they necessarily require substantive moral qualities Signup and view all the answers

Which philosopher's views does Finnis refer to when discussing natural law?

Thomas Aquinas Signup and view all the answers

What does Aquinas suggest is crucial for discovering what is morally right?

Asking what is reasonable Signup and view all the answers

What aspect do Finnis's natural rights emphasize in social assessments?

Respectful consideration of individuals Signup and view all the answers

What does the passage imply about future evaluations according to Finnis?

They are inherently incalculable due to individual interactions Signup and view all the answers

According to Hobbes, what are the primary reasons for human conflict in the state of nature?

Competition, distrust, and the desire for glory Signup and view all the answers

What does Hobbes mean by the 'natural state of perpetual war'?

A theoretical absence of government resulting in constant fear and conflict Signup and view all the answers

What is the first law of nature according to Hobbes?

Peace must be established Signup and view all the answers

Why does Hobbes argue that individuals should mutually divest certain rights?

To achieve peace and order in society Signup and view all the answers

What is necessary for Hobbes' social contract to be effective?

Honoring agreements and contracts Signup and view all the answers

What role does Hobbes attribute to a political sovereign in society?

To enforce contracts and punish violations of them Signup and view all the answers

What does Hobbes believe about human nature in terms of morality?

Selfishness overrides moral considerations without authority Signup and view all the answers

What prevents the breakdown of mutual obligations according to Hobbes?

Unlimited power granted to a political sovereign Signup and view all the answers

Which philosopher's view does Finnis reject regarding practical reason?

David Hume Signup and view all the answers

Which of the following is NOT one of the seven basic forms of human flourishing according to Finnis?

Capitalism Signup and view all the answers

What does Finnis mean by ‘religion’ in his list of basic goods?

Spiritual experience Signup and view all the answers

Which of the following represents an example of a basic requirement of practical reason as per Finnis?

Active pursuit of goods Signup and view all the answers

According to Finnis, how should moral beliefs function in relation to basic goods?

To provide an ethical structure Signup and view all the answers

What is the importance of 'no arbitrary preference among values' in Finnis’s requirements?

It ensures that all values are treated equally Signup and view all the answers

How does Finnis view the intrinsic value of the seven basic forms of human flourishing?

They have intrinsic value and should be valued for their own sake. Signup and view all the answers

Which of the following principles aligns with the natural law concept as interpreted by Finnis?

Following one’s conscience Signup and view all the answers

What does the core principle of legal positivism state about the validity of law?

It can be traced to an objectively verifiable source. Signup and view all the answers

Who among the following is known for the early legal positivism that found the origin of law in the command of a sovereign?

Jeremy Bentham Signup and view all the answers

Which legal positivist is associated with the concept of a rule of recognition?

H.L.A. Hart Signup and view all the answers

What do legal positivists believe regarding the relationship between law and morals?

There is no necessary connection between law and morals. Signup and view all the answers

What term describes the notion that law is laid down or posited?

Positivism Signup and view all the answers

Which of the following statements best reflects the legal positivist view on analyzing law?

Legal analysis should be distinct from moral evaluation. Signup and view all the answers

What does H.L.A. Hart believe distinguishes law from other social rules?

A rule of recognition. Signup and view all the answers

What is the main criticism that legal positivists have against natural law theory?

It asserts law exists independently of human enactment. Signup and view all the answers

Study Notes

Natural Rights and Political Philosophy

American Revolution was anchored in natural rights with the Declaration of Independence (1776) emphasizing "life, liberty, and the pursuit of happiness."
Declaration asserts that all men are created equal and possess unalienable rights.
The French Déclaration des droits de l’homme et du citoyen (1789) mirrored similar ideas about natural rights.
Political rights and obligations are often framed within the context of a social contract, suggesting consent is essential for political authority.

Thomas Hobbes' Philosophy

Hobbes (1588–1679) characterized the pre-social contract condition as ‘solitary, poor, nasty, brutish and short.’
He posited that natural law dictates a need for self-preservation, which necessitates the establishment of law and government.
Hobbes' approach prioritizes order over justice, aiming to delegitimize revolutions against governments.
Human actions are fundamentally self-serving; even altruistic acts have selfish motivations.
Hobbes theorized that humans in a natural state experience perpetual conflict due to competition, distrust, and the desire for glory.
He argued that without a governing authority, individuals have a right to everything, leading to a state of continual fear.

Peace is considered the first law of nature, with individuals required to relinquish certain freedoms to achieve it.
The framework of moral duty is grounded in the mutual transfer of rights.
To uphold social contracts, Hobbes maintained that an absolute sovereign must possess the power to enforce agreements.
Self-interest drives individuals to support an authority capable of penalizing breaches.

John Finnis and Natural Law

Finnis integrates Aristotelian principles with natural law, emphasizing seven basic forms of human flourishing.
Basic human goods include life, knowledge, play, aesthetic experience, sociability, practical reasonableness, and spiritual experience (not organized religion).
These goods are universal and intrinsic, forming the foundation of moral beliefs and ethical structures guiding human actions.
Finnis outlines nine requirements of practical reasonableness to pursue these goods effectively.

Legal Positivism

Legal positivism, through figures like Jeremy Bentham and John Austin, asserts law originates from commands of a sovereign rather than natural law or moral reasoning.
The term 'positivism' signifies law as it exists, detached from moral implications.
Modern legal positivists, including H.L.A. Hart and Hans Kelsen, explore sources and structures validating the law, like rules of recognition or basic norms.
A prominent tenet is distinguishing 'is' (actual law) from 'ought' (moral expectations), emphasizing analysis without moral judgement.
While legal positivists may critique laws and suggest reform, they strive to separate legal analysis from ethical considerations.

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Description

Explore the principles of natural rights that fueled the American Revolution against British rule, particularly through the lens of the Declaration of Independence of 1776. This quiz delves into the foundational ideals of life, liberty, and equality that shaped the birth of a new nation.