Liberalism, Morality, and Law Quiz PDF

Liberalism - the BELIEF in the value of the individual human personality, and a profound conviction that all human progress has been due to the FREE EXERCISE OF HUMAN POWER. (Removal of unnecessary restrictions upon freedom of thought and action.) Negative - or 'Classical' liberalism refers to a...

Liberalism - the BELIEF in the value of the individual human personality, and a profound conviction that all human progress has been due to the FREE EXERCISE OF HUMAN POWER. (Removal of unnecessary restrictions upon freedom of thought and action.) Negative - or 'Classical' liberalism refers to a state of being free from constraint. Positive - or 'positive freedom' believes that it is not enough for the government to leave the people to themselves. Morality - Pertains to a person's character and behavior from the point of view of right and wrong. - comes from latin "MORALIS" meaning proper behavior of a person in society, - Latin "MORES" means "Customs, manners, morals" - Ethics, a related term, refers to the "study of morals" Morality and Law Law - Focuses on external behavior Morality - Looks into inner motives and intentions of a person Morality and Law (1-5) 1. Legal duties concentrate on external behavior, while moral duties concentrate on the internal processes of intention, motive and conscience. 2. Legal duties are accompanied by corresponding rights 3. If somebody violates a legal body, he or she will be punished by the state 4. Law is formulated by an easily identifiable authority 5. The legal verdict in a given situation is black and white, regardless of how complex the issues were. MORALITY AND MANNERS Etiquette which is doing of good sometimes regarded of as a component of morality KINDS OF LAW Divine law and Human Law Divine law - Eternal Law - world is ruled by God (Divine Providence) - whole community of the univers is governed by (Divine Reason) - Mind of God (Divine Mind) 2 Types of Divine Law a. Eternal Law b. Divine positive the foundational precept of natural law in the human sphere is (for good to be pursued and done' and 'evil is to be avoided) HUMAN LAW Human laws are creations of the 'secondary governors' to the Chief governor (God). NATURAL LAW AND POSITIVE LAW NATURAL - believes that the foundation of what is 'true' and 'good' law can be accessed through the aid of human reason. For Aquinas, Natural law come from God while Positive laws are made by man Two principles: a. audi alteram partem - right of the person concerned to be heard or simple 'due process' b. nemo judex case sua - one should not judge a case in which he himself is interested