Philosophers on Justice and Law

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Questions and Answers

What concept did Rousseau introduce that encompasses national concerns, values, attitudes, and objectives?

General will (correct)

Utilitarianism

Social construct

Natural authority

What does Rousseau mean by 'born to be free yet everywhere in chains'?

Everyone has natural authority over others.

Laws are unnecessary for societal order.

People should have no laws governing their actions.

Individuals are free but are restricted by laws. (correct)

Which of the following beliefs is aligned with John Locke, rather than Rousseau?

Natural rights are inherent and universal. (correct)

Governments should prioritize the wishes of the people.

A separation of church and state is essential. (correct)

Individuals should have economic and individual freedoms. (correct)

What did Jeremy Bentham advocate for concerning punishment?

A focus on utilitarian justice Signup and view all the answers

Which statement reflects a core belief of Rousseau about human nature?

Selfishness is a natural survival mechanism. Signup and view all the answers

What is the main idea behind John Stuart Mill's 'Harm Principle'?

Individuals should be free to act unless their actions harm others. Signup and view all the answers

Which of the following best describes John Austin's theory of Legal Positivism?

Laws are commands backed by government authority and threats. Signup and view all the answers

How did John Stuart Mill contribute to the concept of liberalism?

He advocated for gradual reforms through legislation. Signup and view all the answers

What is a significant belief held by John Rawls?

Justice is fairness, ensuring equal rights for all. Signup and view all the answers

Which social issue did John Stuart Mill strongly advocate for?

Promoting women's suffrage and education. Signup and view all the answers

What criticism did John Austin have regarding excessive government control?

It diminishes personal freedoms and rights. Signup and view all the answers

What did John Stuart Mill mean by stating that 'coercion is the antithesis of liberty'?

True liberty requires the absence of coercive government actions. Signup and view all the answers

What was a significant outcome of Bentham's influence on legal philosophy?

The notion that ethics cannot influence laws. Signup and view all the answers

What was a significant impact of the Code of Hammurabi on legal systems?

It aimed to create order and control in society. Signup and view all the answers

Which of the following best describes the nature of laws in the Code of Hammurabi?

Laws were harsh and based on patriarchal principles. Signup and view all the answers

What key principle did Mosaic Law introduce into the understanding of legal violations?

Circumstances surrounding an action should be considered. Signup and view all the answers

Who is regarded as 'the lawgiver' in relation to Mosaic Law?

Moses Signup and view all the answers

What was a common issue addressed in the laws outlined by the Code of Hammurabi?

Business transactions and property ownership. Signup and view all the answers

What principle did Marcus Tullius Cicero advocate regarding laws?

Justice should underpin all laws. Signup and view all the answers

What is Aristotle known for in relation to law?

The thought of natural law. Signup and view all the answers

Which philosopher questioned the possibility of perfect justice due to human imperfection?

Plato Signup and view all the answers

What does the Socratic method emphasize?

Critical thinking through questioning. Signup and view all the answers

Which statement best reflects Thomas Hobbes' views on human nature?

Humans are naturally flawed and ego-centric. Signup and view all the answers

What is John Locke's stance on government?

Government should uphold citizens' natural rights. Signup and view all the answers

What did Plato suggest about society's structure?

Society should be well-structured with different classes. Signup and view all the answers

What did Thomas Hobbes mean by the term 'Leviathan'?

The concept of a powerful, sovereign ruler. Signup and view all the answers

Which belief distinguishes John Locke from Hobbes?

Belief in natural rights. Signup and view all the answers

What element did Cicero believe should not be part of law?

Evil Signup and view all the answers

What principle does the justice system need to uphold to ensure impartiality?

Veil of Ignorance Signup and view all the answers

What does Noam Chomsky believe about the media's role?

It serves to manufacture consent for the elite Signup and view all the answers

What is jurisprudence primarily concerned with?

The philosophy and science of law Signup and view all the answers

What major transition occurred during the Neolithic Revolution?

Introduction of farming and settling in one location Signup and view all the answers

What does Chomsky identify as a significant threat posed by the US Republican Party?

Belief in racism and denial of climate change Signup and view all the answers

Which of the following describes the laws during the nomadic lifestyle?

Oral traditions focused on survival and safety Signup and view all the answers

What was a major consequence of having a food surplus in societies after the Neolithic Revolution?

Development of trade and larger societies Signup and view all the answers

How does Chomsky view the relationship between social media and power?

Social media has increased the influence of elites Signup and view all the answers

What role did the Catholic Church play during the Dark Ages?

It preserved books and documents, becoming intellectual leaders. Signup and view all the answers

What was the significance of the feudal system introduced by William the Conqueror?

It established a clear structure between landlords and vassals. Signup and view all the answers

What does 'Trial by Combat' represent in the context of the adversarial system?

A direct confrontation between the Crown and the accused. Signup and view all the answers

Which of the following best describes 'Trial by Ordeal'?

An ordeal that tests innocence through painful trials. Signup and view all the answers

What was a common problem with the power held by landlords in the feudal system?

Landlords were the ultimate judges in civil disputes, leading to abuse of power. Signup and view all the answers

How did compurgation contribute to the legal process?

It required both parties to take oaths to establish innocence or guilt. Signup and view all the answers

What impact did the fall of the Roman Empire have on European law during the Dark Ages?

It resulted in the increase of local customary laws. Signup and view all the answers

What is the connection between the adversarial system and modern-day legal practices?

It uses two opposing parties to present their case before a neutral judge. Signup and view all the answers

Study Notes

Marcus Tullius Cicero

Created "evil laws" (e.g., legalization of weed means bad laws).
Considered the greatest in Roman history.
Became "the enemy of the state" and was executed.
Believed justice, right, equality, and fairness should underlie all laws.
"There is nothing proper about what you are doing, soldier, but do try to kill me properly."

Aristotle

Arguably the most influential philosopher.
Founder of natural law (human nature and free will).
Law did not originate from the divine.
Beginning of human rights.
Created the Lyceum, an academy that promoted logic and rationalism.
"Poverty is the parent of revolution and crime."

Plato

Questioned whether perfect justice could ever be achieved.
Believed perfect justice was unattainable because humans are imperfect.
Humans are best in stratified societies (gold, silver, bronze, and copper citizens).
Guardians are born/trained philosopher warriors (mentally strong).
Best rulers are benevolent ("doing it for the people").
Laws cannot be black and white; need "circumstance."
Politics are altruistic ("noble").

Socrates

His writings come from his students Plato and Aristotle.
Tried to figure out "why are we here?" (without considering gods).
Refused to recognize the gods acknowledged by the state.
Accused of corrupting the youth (trying to make them think).
Founder of political philosophy.
Used the Socratic method (series of questions to promote critical thought).

Thomas Hobbes

Believed all humans were flawed.
Man in a state of nature is ego-centric, evil, and ignoble.
Lived during the English Civil War (no monarchy).
Motivated by greed, competition, and egotism.
Advocated against democracy preferring dictatorship.
Believed humans are naturally evil, but it's our instinct for survival.
Dictatorship provides civil peace & domestic tranquility.
"Life in the state of nature is solitary, poor, nasty, brutish, and short".

John Locke

Wrote after the Glorious Revolution (bloodless overthrow of James II) (2 essays).
Man has natural rights: life, liberty, and property.
Gov't duty is to uphold these rights (Social Contract).
Lived during a time of monarchy, the opposite of Hobbes.
Believed in democracy and the right to change government.
Believed the government is for the people.
"All mankind... being all equal and independent, no one ought to harm another in his life, health, liberty..."

Jean-Jacques Rousseau

Evaluated man in a "state of nature".
Believed people were "noble savages," initially good, but capable of greed in survival.
"Born to be free yet everywhere in chains." - Laws limit freedoms.
"General Will" = National concerns, values, attitudes, objectives (government pleasing the people).
He supported the separation of church and state.
"No man has any natural authority over his fellow men."

Jeremy Bentham

Wants to end slavery and corporal punishment.
Believed in Utilitarianism; laws should make citizens happy.
Influenced by the horrific conditions of the Industrial Revolution (child labor and slavery).
Advocated for the marginalized.

John Austin

Professor of Jurisprudence.
Influenced by Bentham.
Created Legal Positivism theory; laws are commands issued by the government.
Legal positivism: laws should only be followed if they are good laws.
Excessive state power and technology are enemies of freedom.
Ideals of socialism and communism.
Ethics and morality should not determine law's justness.

John Stuart Mill

Promoter of liberalism = social progress via changing laws (not revolution).
Believed coercion is the opposite of liberty.
Tolerances vs. Acceptance - Laws should prevent harm, not legislate morality.
Supported freedom of speech and proportional representation.
Advocate for the rights of women, education, and equality.

John Rawls

Believed justice is fairness.
Legal system must be impartial (can't base decisions on wealth or status).
Justice system needs a "Veil of Ignorance" – everyone treated equally.
Important political philosopher after World War II.
Rule of Law: everyone treated the same under the law.

Noam Chomsky

Doesn't like either political party.
Media is used by the powerful to gain consent from the masses.
Social media amplified this effect.

Jurisprudence

Understanding subcategories of modern law.
Derived from Latin and means "knowledge or skill in the law." (originally meant).
The "science of law" (today): deals with applying legal doctrine.
Recipe for law & justice; many interacting ingredients to form a modern system.

Law in Ancient Times (Nomadic/Neolithic)

Pre-history: before written history.
Nomadic lifestyle: constant food search.
Tribal communities: oral tradition; survival-based laws.
Neolithic Revolution: settled farming, led to surpluses and more people needing laws.

The Code of Hammurabi

Ancient Babylonian king.
Codified laws; over 300 laws dealing with business, trade, and ownership.
Patriarchal legal code; focused on retribution.
Codified laws were displayed in public places (e.g., marketplaces).

Mosaic Law

Given to Moses by God.
Foundation for laws across the globe.
Introduced circumstances to laws (e.g., mitigating or aggravating factors).

Dark Ages and Canon Law

Church laws (aka canon law).
During the Roman Empire's fall (no technology).
Catholicism became the intellectual leaders.
Monks preserved knowledge; formed a basis for influencing positive laws.

British Roots

From Great Britain.
Customary laws and court systems.
William the Conqueror.
Introduced the feudal system (landlord system).
Feif: piece of land.
Vassal: tenant who pays landlord with services.
Landlords judged civil fights; controlled all power in the land.
Trial by combat: person could choose a champion to fight on their behalf.
Trial by ordeal: divine determination of guilt or innocence.

Development of Courts

King Henry the first: created "court order".
Members of his council (most trusted) presided over important cases.
London court became established – "King's Bench" (less critical cases).
Power shifted from landlords to the King.
Common Pleas court; sent judges to various areas to deal with cases.

The Magna Carta

King John forced to sign.
Introduced Habeas Corpus and due process (innocent until proven guilty).
Established "rule of law"—no one is above the law.

Development of Parliament

King Henry III forced to create a "Great Council."
Barons and lords formed initial Parliament.
Representatives controlled the Treasury.
Viewed as the beginning of English democracy.

Stare Decisis

Previous court rulings are considered when similar legal arguments are presented.
Courts align their decisions with prior similar cases.

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Description

Explore the ideas of Cicero, Aristotle, and Plato on justice, law, and human rights. Understand their perspectives on the interplay between morality and legal systems. Delve into their philosophical legacies and how they shaped the understanding of law in society.