Liberalism and Morality in Law
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Questions and Answers

What is the main difference between negative and positive liberalism?

Negative liberalism focuses on freedom from constraints, while positive liberalism emphasizes the need for government support to ensure individuals can exercise their freedoms.

How does morality differ from law in terms of focus?

Morality focuses on inner motives and intentions, whereas law emphasizes external behavior.

What are the two types of divine law according to the content provided?

The two types of divine law are Eternal Law and Divine Positive Law.

What does the principle of 'audi alteram partem' stress in legal contexts?

<p>'Audi alteram partem' emphasizes the right of the person concerned to be heard, or simply the concept of due process.</p> Signup and view all the answers

Define natural law as described in the content.

<p>Natural law is the belief that true and good law can be accessed through human reason and is derived from God.</p> Signup and view all the answers

What does 'nemo judex case sua' imply in terms of legal judgment?

<p>'Nemo judex case sua' implies that one should not judge a case in which they are personally interested.</p> Signup and view all the answers

How does legal duty relate to corresponding rights?

<p>Legal duties are accompanied by corresponding rights, meaning that for every legal obligation there is a legal right that can be claimed.</p> Signup and view all the answers

What role does etiquette play in the context of morality?

<p>Etiquette, often regarded as the doing of good, is sometimes considered a component of morality.</p> Signup and view all the answers

Study Notes

Liberalism

  • Belief in the value of individual human personality
  • Conviction that human progress is due to free exercise of human power.
  • Negative (classical) liberalism: freedom from constraint
  • Positive liberalism: freedom and agency, government should promote well-being.

Morality

  • Focuses on a person's character and behavior.
  • Determined by concepts of right and wrong.
  • Latin root "moralis" – proper behavior
  • Related term: ethics—study of morals.

Law

  • Focuses on external behavior.
  • Considers intentions and motives.
  • Differs from morality by concentrating on external actions and not inner motives.
  • Legal duties involve rights and obligations, punishable by the state.
  • Laws are created by legitimate authority, clear-cut verdicts.
  • Etiquette can be considered a component of morality.

Types of Law

  • Divine Law:

    • Eternal law: God's rule
    • Divine positive law: God as the source of the laws governing the entire universe and the community.
  • Human Law: Created by secondary governors to God.

Natural Law

  • Foundation of what is true and good
  • Accessible through human reason.
  • Focuses on good and avoiding evil.
  • Natural Law, as Aquinas viewed it: derived from God, providing a framework for human conduct. -Two key principles of Natural Law: -Right of the person concerned to be heard (audi alteram partem) -One should not judge a case in which he personally is interested (nemo judex case sua).

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Description

This quiz explores the intricate relationship between liberalism, morality, and law. It delves into concepts such as individual freedom, moral character, legal obligations, and various types of law, including divine law. Understanding these connections is crucial for navigating ethical and legal frameworks in society.

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