Philosophy Final Exam PDF

 PHILOSOPHY FINAL 4 Parts of "Theory of Human Nature" ·...

 PHILOSOPHY FINAL 4 Parts of "Theory of Human Nature" · What is the nature of the universe ? Common v Civil Law Systems What ?. is the nature of people Civil law · + depends on statues · What's wrong with us ? Common law evolves organically from + · What should we do about it? judicial opinions Law as Cosmic Order : Garden of Eden US Criminal v. Civil Law + Human beings changed their own nature · Civil by developing rebelliona sin + Disputes between individuals+ organizations + Compensation to victim + Punishment should be the physical representation of what the criminal did to himself + Burden of proof lies on evidence from Plaintiff Taoism: Theory of Universe not based on a lawgiver model · Criminal + Tao Te Ching de-emphasized the law + "Beyond reasonable doubt" + Laws are a defective subsitute for the true path to the universe Government proves guilty + + If laws become more important than the balance of the Stare Decisis - Ratio Deciendi universe, the ruler has lost the Tao ↓ "Let the decision stand" 1 Stare Decisi Alternatives to Criminal Law Medieval Iceland : + "Reason For The Decision" URatio Decindi) t Parts of a Judicial Opinion Majority : , Dissent , Concurrence 2) OKI State 886 , OK's criminal statue homosexuality Opinion "For The Court" on Majority of · Judges. = + Wolfden Commission said the law shouldn't prohibit · Disagrees With Outcome Dissent - homosexuality because its a matter of private morality · Disagrees With The Reasoning - Concurrence Devlin's Argument in Favor of Criminalizing Deeply Unpopular Things + Anything that threatens to engulf social order in chaos should Elements of Philosophy Metaphysics Epistemology : , · Ethics be criminalized · Metaphysics Violation of widely shared , deeply held feelings about private + morality threatens chaos Violations of widely shared deeply held feelings should be criminalized Epistemology · + , Lawrence v. Texas : A right to analysis of Homosexuality · Ethics 2003 Court Case that overturned Oklahoma's ban + Supreme on homosexuality John Stuart Mill's view of self-regarding activities+harm principle" + Harm Principle - We should permit people to do what they want, as long as it doesn't hurt anyone # View of self-regarding activities We cannot interfere under any circumstances 2 forms of conservatism Fine v. Tax + Fine A punishment communicate that taxes don't "Our tradition is objectively best something + " : , +Tax : Tort ? Main contemporary debate over fort liability land regulation Feinberg on Nuisance : Weighing degree of offensiveness against + Tort : A civil wrong an injury by the defendant that the victim/plaintiff for individual - activity's meaning the can sue for + Highly meaningful/socially beneficial activities (protests) may justify tolerating a higher degree of offensiveness + Main contemporary debate overfort liability+ regulation Suggests evaluating the reaction to offensive conduct The balance between protecting individualsfrom harm · + based on what a "reasonable person" would tolerate for negligence+ preventing excessive litigation Basic elements of retributivist utilitarian theories of punishment Theory of Causation Affect Who Can Be Sued InTort - Retributivist(Backward Looking) Focuses on the idea that a t criminal deserves to be punished for their wrongdoing ; justifying Punishment based on past crime committed + Utilitarian (Forward Looking) Views punishment as a means to achieve future benefitsdeterrence + prioritizing potential Aristotle's 4 kinds of Causation : How is "Final Cause" Important ? consequences of punishment rather than offender's moral blameworthiness ↓ Material Clay Dante's Forest of Suicides of Retribution + Efficient (Making Stuff Action of the potter as an example + Individuals who commit suicide are punished by being trapped + Formal Idea of a container within the trees of the forest unable to , move/express themselves, + Final Viewed the universe as having intrinsic goals "Cosmos" lordered place tormented by harpies who tear their leaves representing the pain - despair CTelos) inflicted upon themselves Difference between Aristotle's causation model+ contemporary , scientific approach Actus Reus + Mens Rea : 4 Levels of Mens Rea , Examples ofEach + Aristotle includes "final clause" in explaining phenomena while modern a + Actus Reus Can : we criminalize thoughts or ways of being ? science rejects this , focusing on material + efficient causes (observable+ testable "be an addict" a Guilty Mind * Role of foreseeability work in contemporary approach ? * + Mens Rea : "Intent" - Mental State relating to actus reas a Guilty Act + Greater complexity - interdependence in society: More people affected by a defendant's actions · Willful-Fully intend to + Greater scientific ability to predict stuff makes it more foreseeable · Reckless Proceeding - in danger but not meaning to do precise act + Statistics · knowing knowing- without intending Negligent Should known Markowitz How does Aristotle's model debate ? Henningsen apply to · v. : gun Strict Liability + Examples t t Basic Argument of Singer's "There Are No Accidents" Difference from Aristotle , , Example of Tishomingo Car Crash Plato's dialogue "Protagoras" "aidos" "Like" on + Basic argument is we call "accidents" random/unforeseeable but they are predictable/preventable + Shame : Aidos + Aristotle has more of a holistic/broader system where Singer precise w/applied is more + Outrage : Dike critique systemic/societal failures of + Tishomingo (OklahomaCar crash) shows Singer as a preventable accident+ Aristotle may not critique the institutional failings as much as Singer  Claim ensures contracts enforceable prevent may justify intervention to imbalance Philosophical are + Basis for Congress to bar the CDC from studying > Gun Violence as a Public Health Problem "Green Book" as an illustration of tension between "liberty" : "claim" rights + 2nd Amendment (Right to bear arms) + Liberty rights :of businesses were upheld at the expense of fairness safety for + marginalized individuals Illustrations of contemporary causation : Ford Pinto Dalkon Shield, view of , Landowner liability for crimes committed on their property + Claim: Lack of claim rights for black travelers underscored the broader societal failure + Pinto : Exploded on rear end collisions + Guide published during Jim Crow to help black travelers find safe accommodations + Shield : Wicking IOD string + Landowner Liability : Landowners can be liable if they fail to Bargaining Power Coercion Undue:Influence , + Unconscionability take preventable stepssecurity/warnings lights force/threats of force contract formation "Loan Shark" , ↓ coercion : Physical in Palsgraf Case (Martin Shkreli) + Undue Influence : Odorizzi /Gay Teacher) forced to resign + A woman triedsoing railroad company for failing to keep her safe as being gay a for a young past man ran her, dropped a palllage that exploded w/fireforws injuring , her. Court rejected her case but covered injuries that were reasonably predictable + Unconscionability : Williams > Customers of rent-to-own furniture "Status"+ Henry Maine from status to contract on progress Gorging + Status : My rights duties determined by my birth/position in society t + Maine : Freedom of contract is best a shortest road to human happiness Ayn Rand : Giving value for value as basis for moral life John Stuart Mill Why Utilitarianism values freedom of contract Argues that its foundation of a moral life : ↑ a + Values it since it generally leads to the greatest happiness for of rational self-interest + Reflects principles , voluntary exchangea respect for individual greatest # of people which aligns w/utilitarianism , autonomy Lochner Case Gift Economics "My turn to for + struck down a law limiting baker's working hours : pay lunch" v. squegee man example + Lunch is voluntarya builds relationships/goodwill +Affirmed freedom of contract as a fundamental right under 14th Amendment , prioritizing individual+ economic liberty + Squeegee is coerceda unequal/unwanted (coercion/imbalance over state regulation Anthropologist Marcell Mauss : His explanation of social Welfare schemes /Social Security Freedom of Contract Moral : v. Economic Principle + Explains it as institutionalized forms of reciprocity solidarity + where individuals + Moral Emphasizes individual right to make promises : contribute to pool (obligation give) to receive when in need robligation to receive , keep them based on personal autonomy a , Economic : Means to efficient market transactions, ensure it continues (repay promote + sometimes at the cost of individual fairness for Contract v.. Gift : Socrate's arguments following law in Crito Hohfeld's distinction between "liberty" : "claim" rights , consequences of + Argues that by living in Athens+ abiding its laws he entered a , each for freedom of contract social contract + Liberty Right : of person to do but no obligation on the part of anybody "Law + Economics" Movement Its basic point examples of "efficient breach of contract " else to permit (freedom of speech) : , ↓ establishing a market in adoptable babies /EX Breaching party gives non B money + breachers get richer) : others to respect/fulfill. Claim Person has a right that imposes a duty on + : + Argues that laws should promote efficiency by maximizing societal wealth + Liberty protects ability to make contracts freely but none against unequal power # Proposes a legal market to allocate babies to those who value adoption most Balfour v Balfour + Blackstone on Marriage : Why contracts between. Private Goods Toll Public , , + Common Goods Spouses were viewed as unenforceable + Private : Rival + Excludable (Money) + Courts agreed as they lacked intention to create legal relations being based , + Toll : Non-Rival + Excludable (Outdoor ticket event) on mutual trusta domestic harmony + Public NRENE (Air Sun National Defense : , , + Blackstone viewed marriage as a legal + social institution were defined + Common : Rival + NE (Candy in unguarded bowl law by , not contract Tragedy of Commons + Where individuals act in their own self-interest over-exploit a Oklahoma rape statue effects of traditional reasoning about marriage : shared resource which leads to depletiona harms those that rely on it , + Excluded marital rape which gave husbands immunity Myth of Prometheus in Protagoras + special moral problem of toll goods Locke's labor theory of property + Myth highlights the moral dilemma of "toll goods" which is essential + Based on the idea that we own ourselves+ our labor for human survivala progress but can be misused + "We anything own that we "mix" as long as it isn't previously Humans fire +tech skills larts) + were given owned+ "enough t as good" Dream of unlimited IP wealth+ its problems Writing : Printing Radio/TV + Internet Problems w/this : Property longer understood as gift Natives , , + no a , doing it turn both conservative+ liberal + Dream arises from idea that IP generate wrong t can can endless profits by controlling access to creative works to Native Land Writing Misunderstandings can't be corrected like face-2-face+ decline of memory Theory + Locke's : + Own land by working it s not running around/on top + Printing : Created religious schisms+ eroded Catholic Church Authority Echoes of Locke's Theory in Kentucky Cave Wars , case + Radio/TV : Propaganda + greater dissemination of knowledge theft of news reporting case , Andy Warthol case + Internet : Even greater dissemination of knowledge Cave Wars : Exploited caves for profit + asserted ownership Barlow "Information wants to be free " Perry + John : based on investment of labora resources (Who owns the cave) + says internet will make knowledge free eliminate censorship+ allow us to be our ownTV Theft News Reporting : Labor in gathering+ reporting news created , a property right (does Ap own what it reports or INS since facts can't be owned) Toll Goods & Reddit Founder Aaron Swartz + Andy Worhol Use of existing : work raises questions about whether + Tried to liberate JStor + Pacer from paywalls so everyone could access the articles +cases transformation through labor creates new property rights or infringes on the Howprivacy is a form of property ? creator's (turned photo to prints w/o permission of owner) + Because it represents individuals control over personal information Contemporary Conservative+ Liberal Interpretations of Locke's Theory - Conservative If you're poor , : work harder + stop blaming the rich Professor Aswad on privacy + its relation to human rights + Aswad : The right to exclude others as a human right threatened by social media + Liberal : If I work hard , why am I poor ? Blame the rich , do lawyers describe "bundle of rights" John Austin (Mafia Boss Problem) Why property as + Because owning property doesn't grant absolute control but + "Positive Law" (Posit to - put or place) rather a collection of distinct/separable rights that can be + "Soft power"(Media , Propaganda Education) , exercised transferred limited individually Laws issued commander , or + by a Excludes International Law Rivalrousness + Excludability + + Rival (Cheeseburger : & Money ) If I have it, you can't have it at the The Sovereign same time others + Lawgiver who commands but not commanded by + Excludability (Real Estate w/a fence) Kept from accessing it Source of Law of the land original : + I owner + Law can't be above lawgiver Carl Schmitt Delgado + Official jurisprudence theorist for Nazi Germany + History critique of , Kant to 20th century + "Sovereign is he who decides the exception " "Intentional meanings can be structured thus determined , + Sovereign above law transcendental historical cultural conditions by , or H L A Hart... - Positive legal theorist + Pointed out problems with sovereign concept + Rulers usually aren't above law StThomas. Aquinas + Natural law as alternative to positivism + Relation to divine law as image of original + Evil as nothing MLK) : Bradwell. v Illinois + Problem w/natural law + Inspiring ideal/dogmatic imposition of questionable values Fuller 8 Ways to Fail to make law. + Does law include moral content clarity , logical feasible , , compliance Euthyphro "Is it holy bio the gods love it or other way ? Elmer's Case + Intent of Legislature Hermeneutics + App. to nonlegal areas + 2 canons + hermeneutical circle + Opus , Genre , Language a History/Culture Scalia + Textualism+ Originalism + "Strict construction" rejected in favor of reasonable construction + Challenges Equal Protection : - Women's Rights Frege + Morning + Evening Star Sense + v. Reference + Bostock Dworkin + Critique of Scalia +Law as integrity /Judge as chain novelist