PHILOS 3Q03 Study Guide - Final Guide: Tea Bag, Constitutionalism, Divine Providence
8 May 2018
School
Department
Course
Professor
3Q03 Exam Notes
Table of Contents (w/ hyperlinks)
1 -2 Paragraphs for Each SA
1. Answer Jorge’s Questions
2. Make Profiles for Each Person
3. Verbalize Essay Points
4. Practice Wiring fro a long time
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Profile: Aquinas
-Eternal Law v. Natural Law (Divine Law + Human Law)
-Religious and Philosophical Appeal
-Are ordered, by reason, for common good, by someone promulgated
-Human Laws stem from natural laws
Aquinas - Eternal Law:
-Religious; God
-World is Governed by divine providence
-Gravity, Light-speed, Entropy (amount of disorder in the universe)
-God’s Plan for the universe
Aquinas - Natural Law:
-Secular; human intervention in eternal law
-Humans discover fire, fire comes from God
-Human have the innate longing to do good
Aquinas - Divine Law:
-God’s ‘revealed’ direction for human life
-10 commandments
-Human cannot perceive a legal system so we must be told by God
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Aquinas - Human Law:
-Deductive
-institutionalized social means for humans lacking moral training to comply with natural law
-Human sovereign makes laws that eternal law doesn’t address
-If a human law conflict with Eternal law, it is a corruption of law
Aquinas - Primary and Secondary Percepts:
-Fundamental Precept: Humans aim to do good, avoid evil, to maximize happiness
-Primary Precept: Ordering of Natural Inclination, self-evident, cannot be contradicted
•Life
•Marriage + Children
•Knowledge
•Community
•Practical Reasonableness
•God
-Secondary Precepts: derived from primary, not evident in all cases, sometimes conflicting
•Do not kill the ‘innocent’
•Protect your ‘community’
Profile: Austin:
-Classical Legal Positivist; Utilitarian
-Not to resort to moral argumentation
-Existence of legal system is one thing, existence of morals is another
-some norms are not commands, but are related to them, so they enter the purview
Austin - Command
-Laws and rules, properly so called, are species of commands; superiors to inferiors
-Are Particular expression of Desires ( not request, instructions)
-Sovereign’s give commands
-Commands are Norms backed by sanctions
Austin - Habit of Obedience
-Goes from political superiors to political inferiors
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-Superiors oblige inferiors to do something, with threat of sanction
-Sovereign is habitually obeyed
Austin - Tacit Command
-judicial law making
-occasional legal/judicial recognition of customs by judges
-Tacit means to say something with an implication of something else
-“accept the law” and the legal traditions within a court
Austin - Sovereign
-bulk of society obeys sovereigns commands
-sovereign obeys no one other than God
-No limits on his power
•sovereign does not have to be an individual human
•Can source their jurisprudence from whatever they like
Austin - Incomplete Command
-Law thats make behaviour suggestions, carry no sanction
-A complete command has 3 condition
1. speaker has desire to make listener do something
2. speaker expresses this desire with listener
3. Listener is sanctioned if they do not comply
Profile: Hart:
Hart - Social Rules
-society adopting internal point of view with some regular pattern of behaviour
-internal point of view: is agreeing with the rule
-Rules must be agreed upon, after being posited
Hart - Secondary Rules
-Duty Imposing ; rules about rules ; conferring powers
•Rules of Recognition
•Rules of Adjudication
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Document Summary
1 -2 paragraphs for each sa: answer jorge"s questions, make pro les for each person, verbalize essay points, practice wiring fro a long time. Eternal law v. natural law (divine law + human law) Are ordered, by reason, for common good, by someone promulgated. Gravity, light-speed, entropy (amount of disorder in the universe) Humans discover re, re comes from god. Human have the innate longing to do good. Human cannot perceive a legal system so we must be told by god. Institutionalized social means for humans lacking moral training to comply with natural law. Human sovereign makes laws that eternal law doesn"t address. If a human law con ict with eternal law, it is a corruption of law. Fundamental precept: humans aim to do good, avoid evil, to maximize happiness. Primary precept: ordering of natural inclination, self-evident, cannot be contradicted: life, marriage + children, knowledge, community, practical reasonableness, god.
