CRIM 338 Lecture Notes - Lecture 3: Porton, Brantham, Auton
24 Dec 2014
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Lecture 3 - early positive law theory. No arts, no letters, no society + continual fear and danger of violent death, and the life of man solitary, poor, nasty, brutish, and short. Justice is an artificial creation of society, not a natural thing people strive for, was created to promote peace and order: rejects natural law as well. Jeremy bentham (1748-1832: human nature: rational hedonism - governs human action, humans rationally choose to gain pleasure and avoid pain, moral philosophy: utilitarianism we should choose action that will produce maximum happiness for max people. Laws in-properly so called jurisprudence, within theology study at church not university. Law of god god issue commands backed by threats of sanction (hell), thus makes them law; but outside province of. Positive law human law, sovereign commands. Laws by slender analogy (eg laws of gravity, laws governing animal behaviors) Declaratory law, permissive law, law of imperfect obligations.
