CRM/LAW C10 Study Guide - Midterm Guide: Trolley Problem, Assisted Suicide, Casual Sex
9 May 2016
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Durkheim- law is a product of shared values (social consensus) Marx- law is a tool of the elite to protect their economic interest (elite have most influence) Weber- law is a result of formal and rational process of deliberation (rational ideals) Happiness is the only thing that has intrinsic value. Consequences of law on the overall happiness of society. Emphasis on government action for the common good. Most people wouldn"t throw the person in front of the trolley (intentionally causing their death) makes you question utilitarian beliefs sense what makes the most people happy is not the primary concern- moral justification is still needed. Human rights: difficult to compare human rights to the overall measure of happiness since taking away the rights of one person might in fact make the majority happy. Example- mignonette and dudley & ford pinto (should they be punished)
