ASP129 Lecture : Phil 106 Topic4 Legal Positivist Theses

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25 Sep 2022

School

Deakin University

Department

Arts

Course

ASP129

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Document Summary

Along with natural law theory, legal positivism is one of the two great traditions in legal philosophy. It holds that law is manmade, denying it any metaphysical foundation. According to the natural law theorists, particularly aquinas, (genuine or just) positive law is derived from the natural law; he treats the. Natural law as synonymous with morality (a view that would have been considered as, at best, inaccurate by both hobbes and bentham). While legal positivism contents that (human) law is separate or distinct from natural law (i. e. , from morality) and therefore does not need moral bearing to be law. However, it is important to note that natural law needs to be supplemented by positive law, both declarative and determinative, for these main reasons: the dictates of right reason may be obscured in some persons. In every community there are some with defective or perverted moral education.

Related Questions

Topic 1: Influencing the Founding Fathers

John Locke is considered by many to have had a significant influence over the Founding Fathers of the U.S. Constituion, specifically based on the language and content of the Declaration of Independence. As a political philosopher, Locke contributed to many of the ideas that we hold dear in our American legal system (i.e., Natural Rights, representative government, property rights of individuals, "life, liberty, and pursuit of happiness").

(1) In your own words, what are "Natural Rights"? Please explain.

(2) Please explain why this is important to individuals and businesses.

(3) How does the U.S. Constitution protect and/or inhibit the exercise of these "Natural Rights"? Please explain.

The term business ethics is best described by the following statement:

a. It is the study and philosophy of human conduct, with an emphasis on determining right and wrong.

b. It is an "inquiry into the nature and grounds of morality where the term morality is taken to mean moral judgments, standards, and rules of conduct."

c. It is the "study of the general nature of morals and of specific moral choices; moral philosophy; and the rules or standards governing the conduct of the members of a profession."

d. It is an organization's obligation to maximize its positive effects and minimize its negative effects on stakeholders.

e. It comprises the principles, values, and standards that guide behavior in the world of business