Whatever Happened to Justice Ch 20
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Questions and Answers

What does the author suggest about liberties under political law?

  • Liberties are dependent on societal approval.
  • Liberties are genuine and guaranteed by law.
  • Liberties are absolute and cannot be revoked.
  • Liberties are permissions that can be revoked. (correct)
  • Why does the author mention the Founders' choice of majority rule?

  • To defend against the need for changes in the law.
  • To highlight the effectiveness of democracy.
  • To question the nature of government behavior. (correct)
  • To argue that majority rule was universally accepted.
  • How does John Jay view the state of political power?

  • Political power is strong and secure.
  • Political power is beneficial for society.
  • Political power has been wisely regulated.
  • Political power is arbitrary and unchecked. (correct)
  • What was the role of the Underground Railroad before the Civil War?

    <p>A network aiding slaves to escape to freedom.</p> Signup and view all the answers

    According to the content, what was the U.S. government's action against Native Americans prior to the 20th century?

    <p>To capture and eradicate them.</p> Signup and view all the answers

    What moral dilemma is presented regarding individuals involved in the Underground Railroad?

    <p>They were engaged in illegal activities but morally justified.</p> Signup and view all the answers

    What query does the author pose regarding soldiers who refused orders during the Indian Wars?

    <p>Were they innocent or guilty under the law?</p> Signup and view all the answers

    What is implied about the nature of rights under political law?

    <p>Rights are granted and can be revoked by the government.</p> Signup and view all the answers

    How do courts operate under the current legal system described?

    <p>They enforce laws without consideration of right and wrong.</p> Signup and view all the answers

    What does the author suggest about the threat of lawsuits?

    <p>They are often seen as acts of aggression.</p> Signup and view all the answers

    According to the author, how do fundamental rights differ under scientific law compared to political law?

    <p>They cannot be erased under scientific law.</p> Signup and view all the answers

    What critique does the author make about attempts to reform the legal system?

    <p>Reforms can easily be reversed by future politicians.</p> Signup and view all the answers

    What metaphor does the author use to describe the mentality under political law?

    <p>A blackjack mentality.</p> Signup and view all the answers

    In what manner does the author perceive the current legal system?

    <p>A weapon that often causes harm.</p> Signup and view all the answers

    What do the quotes from John Jay suggest about the historical context of rights?

    <p>They indicate a loss of protections against arbitrary power.</p> Signup and view all the answers

    Study Notes

    Liberty vs. Permission

    • Current law views rights as granted by the government, making them revocable permissions, not true liberties.
    • Freedoms like speech, press, and trade are seen as permissions rather than inherent rights.
    • Revocability of these permissions makes them dependent on the will of those in power.
    • Majority rule is a factor in this limited perspective of rights.

    Law as a Weapon

    • Modern courts prioritize enforcing laws over seeking justice.
    • Courts lack a concept of right and wrong, guided only by law.
    • Lawsuits are now seen as threats and acts of aggression due to prohibitive costs and arbitrary outcomes.
    • Innocent individuals can be targeted and mistreated through legal processes, even when no wrong was committed.
    • The legal system has become a tool for causing harm rather than preventing it.

    Scientific vs. Political Law

    • Scientific law views fundamental rights as inherent, gifts from a Creator, not the government.
    • These rights cannot be taken away by laws.
    • Political law lacks true liberty, only conditional permissions.
    • Political law, reliant on the whims of those in power, can easily be reversed, even amidst reforms.

    Ethical Considerations

    • The text questions morality, innocence, and guilt within the legal system.
    • What constitutes right and wrong in a political context?
    • Were participants in the Underground Railroad, or soldiers refusing war crimes, innocent or guilty based on the laws?

    Historical Context

    • Historical examples of the arbitrary use of law are presented.
    • The Underground Railroad's actions challenged existing laws, posing the question of legal vs. moral correctness.
    • The Indian Wars raise the question of the morality and responsibility of soldiers upholding unjust laws.

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