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Unit Two- Jurisprudence, Historical & Philosophical Evolution of Law and Justice Test Review Matching philosophers Marcus Tullius Cicero Created evil laws (ex. In canada the legalization of weed/ means bad laws) Was known as the greatest in roman...

Unit Two- Jurisprudence, Historical & Philosophical Evolution of Law and Justice Test Review Matching philosophers Marcus Tullius Cicero Created evil laws (ex. In canada the legalization of weed/ means bad laws) Was known as the greatest in roman Believed the justice, right, equality & fairness should underline all laws, Became “the enemy of the state” and was hunted down and executed “There is nothing proper about what you are doing soldier, but do try to kill me property.” Aristotle (athens) Arguably the best bc he had the most influence on philosophy Founder of the thought of natural law (human nature / free will) Law didn't come from the divine Beginning of human rights Student of plato Created the lyceum, an academy that promoted logic and rationalism (means not not build laws off emotion) “Poverty is the parent of revolution & crime” Plato Question whether man can be perfect Therefor doubted that perfect justice could never be achieved because man was not perfect Humans are at their best in a very stratified society (gold,silver,bronze & copper citizens) The guardians are born / trained Leaders: philosopher warriors (mentally strong) Best form of ruler is benevolent (means good) Laws cant be black and white need “CIRCUMSTANCE” Politics are altruistic —> ( noble/ “doing it for the people”) Socrates (great teacher) His writing comes from his students —> PLATO & ARISTOTLE Tried to figure out “why are we here?” (without thinking about the Gods) Was put on trial for -refusing to recognize the Gods acknowledged by the state -importing strange divinities of his own -corrupting the youth —-> (he was trying to get kids to think) *MODERN RATIONALITY* Human beings>> Gods Founder of political philosophy The socratic method —> series of questions to get people to think critically about things “the first who brought philosophy down from the heavens, placed it in cities, introduced it into families, and obliged it to examine into life and morals, and good and evil.” Thomas Hobbes (england) PRESISMS → believed all humans were flawed Man in a state of nature is” ego-central, evil and ignoble” *lived during the civil war and no monarchy, Interregnum= No king or queen* Believed humans are evil and selfish but that is our natural instinct and it is survival Motivated by: 1.) Greed 1.) compitave 3.) egotistical He did not believe in a Democracy only DICTATORSHIP *We need to be ruled by a supreme sovereign leader = Leviathan/ sea creature* This was significant bc dictators were the best form of government and citizens gave up their rights and in result received civil peace & domestic tranquility “Life in the state of nature is solitary, poor, nasty, brutish and short” John Locke Wrote after the Glorious Revolution=a bloodless overthrow of James II (2 essay) Man has 3 natural Rights: life, liberty and the right to own property (NATURAL RIGHTS) *Gov’t has duty to uphold these rights through a Social Contract* He lived during a time of monarchy / opposite of Hobbes His philosophy is seen in charter of rights and freedom & declaration of independence Believed in democracy and that the people have the right to change government because the government is for the people. —> “Majority rules” “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” “We are a noble savage” → we had to be greedy and selfish to survive but sometimes we can be noble & kind “Born to be free yet everywhere in chains” → we have laws in place, to regulate us “General will” = national concerns,values, attitudes & objectives- government must please its people. (gov. Should do what please the people) He wrote the book of social construct but Locke actually came up w/ it. Believed that individuals should have: economic freedoms & individual freedoms Supported a separation of church and state “No man has any natural authority over his fellow men.” Jean- Jacques Rousseau (France) Evaluated man is “a state of nature” We are “noble savages” → we had to be greedy & aggresive to surive but at the same time we can be mobile & kind. “Born to be free yet everywhere in chains,” → limits on our freedoms (laws) Government is the source of most [problems = excessive taxes, unnecessary wars, unjust laws “General will” → national concerns values, attitudes & objectives - government must PLEASE THE PEOPLE He wrote the book of social construct → but john actually came up with the idea *he supported the separation of state and church * Believed individual should have economic freedom & Individual freedom “ No man has any natural authority over his fellow men.” Jeremy Bertham (England ) He wants to end slavery. Natural rights belong to everyone → also no more death penalty & corporal punishment Believed in UTILITARIANISM → (Gov. needs to pass laws that makes all the citizens happy) He was very infused by the horrifc working conditions seen during the industrial revolution (child labour / slavery ) Distributed by the treatment of women and children *advocating for the most marginalized people which was woman, slavery, and children * Significant because his philosophy idea merged w/ USA laws “ The sad truth is that it is the greatest happiness of the greatest number that is measure of right and wrong.” John Austin (England) Was a professor of Jurisprudence Influenced by Bentham Created a theory of Legal Positivism= Laws are commands issued by gov’ t and backed by threats, society’s obedience is habitual → (Legal positivism: positive law should only be followed if there good laws) Significance Excessive gov’t “the nanny state” and technology are enemies of freedom → (nanny : meaning government is to controlling) Ideals have served as early foundations for Socialism and Communism → (socialism: believed gov. Needs to provide basic necessities) Believed that ethics and morality should play NO part in determining if a law is just → laws shouldnt depend on morals (ex. Abortion or same sex- marriage) John Stuart Mill ( England) (Liberty) A promoter of Liberalism= a political orientation that favors social progress by reform and by changing laws rather than by revolution → (Liberals believe in constant change and quick change! Ex. gender neutral bathroom) Believed that “coercion is the antithesis of liberty” *TOLERANCE VS ACCEPTANCE* cannot legislate morality → the only laws the government should give are ones that prevent harm into people, or people harming others. NOT laws based on moral beliefs Advocated the “Harm Principle” → people should be free to act however they wish unless their actions cause harm to somebody else Significant Anti-censorship and pro-freedom of speech= let the truth prevail Advocated proportional representation= every sector in society should have a say Supported females suffrage, education and equality → woman= double smart population John Rawls (U.S) (A Theory of Justice) → believed “justice is fairness.” → (thought the gov. Was controlled by elite) The legal system must be completely impartial= cannot base a decision based upon one’s wealth or status the justice system needed to have a “Veil of Ignorance.” Considered one of the most important political philosophers post WWII In the justice system all should be treated the same= Rule of Law Noam Chomsky (U.S) Doesnt like either political party Media is used by those in power to “manufacture” the consent of the masses *this was before social media * News articles are owned and paid by the elites and these news articles job is to keep the elites still rich → social media blew this up →. But now social media is too involved in our lives, and still influences us. Significant No censorship let the truth prevails → BUt this means hate speech Does not trust any US government → all ran be elites US republican party is the greatest threat in human history → (believe in racism) → he also says there is a threat because they deny climate change. Concepts Jurisprudence Underingstaing all the subcategories of modern day law Derived from latin: science of law “The knowledge or skill in the law” (O.G meaning) (Today means) the science & philosophy of the law which deals with applying both legal DOCTRINE and investigating the concepts, notions and principles of legal thought. “Recipe for law & justice” = as there are many different ingredients that work together to form a modern day justice system. Law in Ancient times= The Nomadic/Neolithic period= Before the rise of complex civilization Pre-history: before history was written down Nomadic lifestyle: constant search of food (moving meant no permanent home, so we take our knowledge w/ us) Tribal communities were small, passed info down orally. Laws were based on oral tradition; basic laws based on survival, health & safety) → (hiarkey, faith,patriarchal ) The Neolithic Revolution changed everything… Farming: changed everything, had to stay in one spot (NO MORE NOMADIC LIFESTYLE) Being able to grow & control food meant they had surplus → (EXTRA) Surplus- now means more people & trades. People cna focus on new things →allows domesticated animals (to work) NEG: diseases from animals (viruses) and increased warfare (bc land is value now) Need for more formalized laws grew; a larger population now and we need laws to control people. The Code Of Hammurabi Ancient king of Babylon circa Kind just writes down the laws, over 300 laws (CODIFY LAWS) Issues: most had to dea; with business comers & trades and some with ownership (woman & slaves) *PATRIARCHAL LEGAL CODE * → (means male centrated) Based on “eye for an eye” justice, very harsh punishments But we got Retribution & Restitution from this ! Significance: codified laws → written down & punishment Made laws accessible bc he displayed them in a marketplace Consolidated law & power he wanted total power → he also thought this would provide “order” Mosaic Law Give balance of actions and start asking why? (CIRCUMSTANCE) Given to Moses by God- became known as “the lawgiver.” Most influential laws found in the 10 commandments → forms the base of laws in society and across the glob Significant; these laws introduced circumstances into laws. No longer just looking at the fact that a law was broken but why it was broken. -circumstance: deliberate,careless & accidental (mitigating and aggravating factors) The Dark Ages and Canon Law (aka church laws ) Roman empire falls → dark ages (no tech or light) Catholic church emerges as the intellectual leaders → people became fearful of monks *only safe place monks & churches* → also save stuff like books Armed w/ books, documents & artifacts the roman church began to have a profound impact on positive laws and legal thoughts  British Roots Laws, customary laws and court system and government come from Great Britain ( bc we were colonized by them) Begins with William the conqueror (crown himself first king of england) Norman who successfully invaded England and brought the Feudal system → (started the landlord system) Fief: pierce of land that is controlled vassal: tenant Landlord gives vasal land and vasal pays with good & services Provides structure BUT Landlords would be the judge for civil fights on these lands → gives them all power → Created a structural highrakey Significant: No producibility & no rules No justice (ex. Landlord sleep w/ virgin) Weakens king power *created modern day landlord & tenant* The Roots of the Adversarial System Aligned our modern day court system Courts are set up to have two sides going against each other Trial by Combat= Regina/Rex [Crown] vs. Defendant [the accused] → (ex. Sword fights) Champions= Today’s Lawyers If you were a woman you could choose a man to fight for you Trial by Ordeal= Role of the “divine” in adjudication ( civil) role of the divine Ordeal = means not pleasant (ex. dunkin / emerg → if you downed your innocent and if you float your guilty ) (ex2. Hot coals → grab hot coals and if it was infected your guilty ) Compurgation= Oath Taking & Jury System Two equal parties had an opportunity to establish innocence or guilt. LEGAL AID  Compurgation: oath taking & jury system (back then, had to get 12 people to plead your innocence, or your ALL guilty) The Magna Carta (The big character) King John forced to sign that created: Habeas corpus & due process of the law → Habeas corpus; to lock someone up you have to give them a due process (court day) →due process of the law: means to challenge the court and innocent until proven guilty. Establish “rule of law” bc even the king is held to the law (no one is above the law) Development of the courts Began under the rule of king Henry Brought stability to England with the first “court order” → members of his counsel were his most trusted people *they only herd serious cases* In london was court These courts got very busy so he created lower level court called “King bench” ( for less serious crimes ) *taking back POWER from landlords* → no longer aloud to be judges Another lower court called “court of common pleas” → sent out judges to every land, ride out of london and go to small towns ⭐court of common plea → we get english common law ⭐the we get uniformity & predictability → judges follow previous case ruling (precedence) The Development of Parliament Development of England’s Parliament 1265 King Henry III forced to create a “Great Council” Comprised of Barons & Lords These representatives made up the 1st Parliament= to “Parler” is to speak The representatives controlled the Treasury [King’s access to$$] Viewed as the beginning of English Democracy *First time citizens had input/influence in formation of legislation* Stare Decisis: When a court faces a legal argument, if a previous court has ruled on the same or a closely related issue, then the court will make their decision in alignment with the previous court's decision.