Whatever Happened to Justice Ch 13

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Questions and Answers

What was a significant effect of seeking illegal ways to escape taxes according to the content?

Vast sums of money were diverted to unproductive activities. (correct)

John Q. Citizen lost his benefits.

Civilization progressed.

Prisons became more affordable.

According to Samuel Adams, what are the Natural Rights of the colonists?

Life, liberty, and property. (correct)

Education, health, and welfare.

Wealth, happiness, and security.

Freedom of speech and religion.

What did Thomas Paine suggest about the relationship between freedom and poverty?

Poverty can exist even with freedom.

Freedom guarantees wealth for all.

Poverty is a choice made by those lacking freedom. (correct)

Freedom and poverty are unrelated.

What principle did Jefferson associate with liberty as per the content?

Unobstructed action according to our will. Signup and view all the answers

What contradiction existed among early Americans regarding law and their actions?

They were law-abiding but violated economic restrictions. Signup and view all the answers

What shift occurred in the philosophical view of natural rights during the 19th and early 20th centuries?

Natural rights theory was replaced by legal positivism. Signup and view all the answers

What was one outcome of the revival of natural rights theory after World War II?

Increased understanding of human rights abuses. Signup and view all the answers

What do the American Founders believe about moral laws?

They are universally applicable and are a subset of natural laws. Signup and view all the answers

What is meant by the phrase 'the road to hell is paved with good intentions' in this context?

Intention does not alter the consequence of actions contrary to Natural Law. Signup and view all the answers

In the given example, what action does John Q. Citizen take to help those in need?

He uses force to take money from others for redistribution. Signup and view all the answers

What happens when force or fraud enters a transaction, according to the text?

Someone is likely to suffer a loss. Signup and view all the answers

What does John Q. Citizen believe about using force in his example?

It is justified because of the perceived need of others. Signup and view all the answers

How do individuals often respond to suffering losses from forced transactions?

They typically engage in unproductive money-shuffling. Signup and view all the answers

What is a potential consequence of the government taking money by force?

It can lead to increased tax avoidance and evasion. Signup and view all the answers

What aspect of human affairs does common law help to discover?

Natural Law that governs human interactions. Signup and view all the answers

Study Notes

Natural Rights

Natural liberty is freedom from earthly authority, ruled only by natural law. (Samuel Adams, 1772)

Natural Law

Natural law governs the universe and humans, and moral law is a subset.
Obeyed natural laws lead to a better life; disobeying leads to worse.
Common law is the method for identifying natural law in human situations.

Good Intentions and Natural Law

Good intentions don't negate natural law (e.g., jumping from a plane without a parachute).
Force or fraud in transactions cause losses and societal setbacks; intentions are irrelevant.
Using force to take money, even with good intentions, results in losses for many and societal decline.

Natural Rights and the US Declaration of Independence

The colonists had a right to life, liberty, and property, and the right to defend them. (Samuel Adams)
These rights originate from the creator and "do not encroach" principle.
Early Americans were likely the most law-abiding society (in regard to common law) but they initially resisted governmental taxes and restrictions.

Virginia Declaration of Rights (1776)

All people are born free and equal, and have inherent rights they cannot give up.
These rights include life, liberty, the means to acquire property, and the pursuit of happiness and safety.

Liberty and Law

Liberty is acting within limits, respecting the equal rights of others (Jefferson).
Laws can be tyrannical when they violate individual rights.
The US Declaration of Independence was based on Natural Rights

Decline and Revival of Natural Rights Theory

In the 19th and early 20th centuries, natural rights fell out of favor.
Legal positivism gained prominence. This theory says that only existing laws are valid, regardless of whether they're just.
The inherent flaw is that law is only as good as the source.
Post-World War II, natural rights theory revived due to the horrors of Nazism and the failure of positivist legal systems to prevent it.

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Description

Explore key concepts of natural rights and laws as discussed by historical figures like Samuel Adams. This quiz covers the implications of natural liberty, the relationship between good intentions and natural law, and the rights outlined in the US Declaration of Independence. Test your understanding of these foundational ideas.