Austin: Positivist Identity of law: what makes the law the law Law (is) = Rules + (issued by a) Sovereignty. ... Only rules of positive law are laws. ... No morality in law, based on social facts. 11. ... Natural law provides a criteria for deriving and evaluating laws in a legal system. ... Laws may be unjust also. ...
And until society agrees on laws and the people that make them, they will continue to be in war with one another. ... Hobbes closes out the chapter by saying that this war-like society is called the laws of nature. ... This sovereign is the head of the Leviathan, and will create laws, act as judge, and defend the peace. ... Through the laws of nature, humans have an innate necessity to seek peace in order to survive. ... So to achieve a morally "good' society, morality's limits or laws have to take precedent over the happiness of an individual. ...
Kant went on to say that conformity of actions to universal law as such should alone serve the will as its principle. Kants conclusion of morality is I ought never act except in such a way that I can also will that my maxim should become a universal law. ... Morality is different. ... Morality must be the same way that laws are in society. ... Hegel does a better job of requiring that moral people must follow laws and fulfill contract agreements, yet still does nothing in the way of bridging the morality gap. ...
God, Morality, and Meaning in Cormac McCarthy's The Road Erik J. Wielenberg Cormac McCarthy's novel The Road is, among other things, a meditation on morality, what makes human life meaningful, and the relationship between these things and God. While the novel is rife with religious imagery and ideas, it suggests a conception of morality and meaning that is secular in nature. ... I then make the case that the views of morality and meaning found in The Road imply that morality does not depend upon God for its existence or justification. Through this discussion, I hope to deepen our und...
Martin Luther King seemed to take a naturalist view, hungry to incorporate morality into the aims of law in America, while George Wallace stood strong under the positivist view that had drawn direction for the aims of law from social phenomenon rather than a moral compass. Martin Luther King's "I Have a Dream"" speech in comparison with George Wallace's inaugural address highlights the issue of segregation and seems to imply the philosophical views of the two men with regard to positive verses natural law, a subject's duty to obey the law, how law should or should not be used to...
Prescriptivity refers to the action guiding the nature of morality. ... Moral absolutism is the theory that there is no one true morality with a consistent set of moral principles that never conflict. ... First it would make the goodness of God redundant and second it makes morality arbitrary. In dealing with The Natural Law theory the most influential Natural Law theorist was Saint Thomas Aquinas. He argued that both natural and divine law is expressions of the one basic law established by God. ...
Prescriptivity refers to the action guiding the nature of morality. ... Moral absolutism is the theory that there is no one true morality with a consistent set of moral principles that never conflict. ... First it would make the goodness of God redundant and second it makes morality arbitrary. In dealing with The Natural Law theory the most influential Natural Law theorist was Saint Thomas Aquinas. He argued that both natural and divine law is expressions of the one basic law established by God. ...
In just viewing one of these great social changes occurring within the United States at this time, the sexual revolution, which effectively broke down the pre-existing gender roles, sex laws, and the sexual morality of mainstream American society, one may see that this change, though beginning slowly eventually became so great and so widespread that it not only affected American culture, but, also, the legal institutions of the United States as well. ... In three separate cases dealing with either federal or state obscenity laws, Roth v. ... In fact one can trace, through these cases, the ev...
Question What leads otherwise law abiding people to engage in mass state-prescribed violence? ... In the following essay I will draw upon the reasons behind these acts of mass state-prescribed violence, particularly to what drives law abiding citizens to commit such atrocities, mostly referring to the Rwandan genocide, but also taking into consideration the Holocaust. ... Following Hilberg (1992), various concepts and theories have been developed in order to understand the mentality behind these massacres, which start with law abiding citizens and turning them into perpetrators. ...
This paper will focus on comparing and contrasting the two competing views on our origins and how they have shaped our mindsets in regards to morality and value of life, and the purpose in life. ... THE EVOLUTIONIST MINDSET - MORALITY AND VALUE OF LIFE The idea that humans are only the sum of their DNA leads to the idea that people of inferior genetics should be eliminated. ... There are many other areas of morality that can be discussed here, but the outcomes will all be contingent upon evaluating that life in a similar way to the two previous examples given. ...
Copyright law protects a free exchange of media, though there are a number of ways around this. Lastly we have patent holders and those who would be protected under intellectual property law. ... CNET reported: But all good things must come to end because of copyright laws (as the saying goes). ... However, a design or added use can be protected under copyright law. ... Patents and other law-protecting agents give people a monopoly over their unique items. ...
Copyright law protects a free exchange of media, though there are a number of ways around this. Lastly we have patent holders and those who would be protected under intellectual property law. ... CNET reported: But all good things must come to end because of copyright laws (as the saying goes). ... However, a design or added use can be protected under copyright law. ... Patents and other law-protecting agents give people a monopoly over their unique items. ...
What is the source of morality? ... One might argue that pressure could also be the base of the principle that motivates a person, as it is one of the sources of morality. ... Even Hegel says that heroes possess an individual and free determination, that brings about the accomplishment of justice and morality. ... They make their own decisions, establish their own principles and morality, thus in this case again, they are not led by something beyond them. ... As the laws, that constitute a, "public force that dominate the individual," and regulate liberty, would restrain them and would, in thi...
Accordingly, many people have adopted the view that morality is relative to ones culture or ethnicity, a view commonly known as ethnic, or cultural relativism. The other main form of relativism is known as Subjectivism which claims that morality is relative to the beliefs of the subject, or one's self (Shaw, 15). ... And if morality for any given person is contingent upon their beliefs, then is it possible to be mistaken? ... Put more concisely, that there is "no objective standard of morality, and objectivity presupposes universality." ... (Westermarck, 410) If this, then, is the cas...
Natural men are free, "masterlesse men, without subjection to Lawes, and a coercive Power" (Hobbes 141). ... By Hobbes, natural man bears no natural morality but he does argue that human beings are reasonable. ... Comment [CB5]: I would introduce Hobbes' notion of natural law here, too. ... He explains as follows; "The State of Nature has a law of nature to govern it, which obliges every one: and reason, which is that law, teaches all mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possess...
Running from the law, Jian-Wa, like Lo and Caine, represents a fundamental dissatisfaction with the American justice system and frustration with the ineptness of police procedure, while, at the same time, fulfilling the role of "illegal alien- connected with the Chinese in America since the Chinese Exclusion Act of 1882. ... By being persona non grata in both countries, Jian-Wa need have loyalty to neither, and he, as Aihwa Ong might say, becomes a "flexible citizen- [3] able to negotiate transnational culture in a way a rooted, law-abiding, character with a legal visa or green card may not. ...
Strenghts and Weaknesses of Immanuel Kant's Concept of Nature A philosophical reflection on a disturbed relation with nature in the light of the ecological crisis Summary This study seeks to identify the frameworks of philosophical-theological co-operation between intuitions, ideas, beliefs...
This essay discusses Zimbabwe's laws, policies and social stance in relation to sexual and reproductive rights and unpacks how they impact on human rights. ... Law as defined by the Oxford dictionary is the system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties. The law in Zimbabwe has several precepts that touch on the subject in question and will be discussed below. The Constitution states that every person has a right to life, Section 48 reads: "An Act of Parliament must pr...
Or are these just terms created under the rules and regimes of ethics, morality, religion and state law created by men? ... Morality has two genders' "UN/ESCAP As discussed above, if women are working in the sexual industry for the solitary reason of earning their living since they are economically deprived, why are they being seen as sexually deviant', fallen woman', immoral' or named as whores'? ... As an example, through the Middle Ages and up to the rise of Protestant morality and capitalist social organization, although practice of prostitution exist...
This passage, found in the book "Dead Man Walking", written by Sister Helen Prejean, speaks directly about the theme of this book: the morality of Capital Punishment. ... Sister Helen Prejean argues the death penalty is morally wrong, based on the inequalities of the law. ... How law abiding would I be?." ... Thomas, a New Orleans housing project for poor black residents, she was center to it all, she describes it "like living in another country:" The fear of violence, drugs and guns, law breakers and murder were not new to Prejean what became chilling were the racial inequalities within th...
Given this absolute freedom, Hobbes believed that until the state of war was brought to an end, and a civil society formed with a sovereign power, there would be no such thing as justice or morality: "In Such a Warre, Nothing Is Unjust to this warre of every man against every man, this also is consequent; that nothing can be Unjust. ... Where there is no common Power, there is no Law: where no Law, no Injustice. ... The first law of nature addresses the fear that causes natural man to seek peace in order to escape the state of nature. The conclusion drawn by Hobbes in the first law of natu...
Also, for these few who are not Christian or those who merely choose to ignore God's will, is secular law the best solution? According to Luther, "By such externally imposed law [non-Christians] would be compelled to desist from evil, and would be hedged about by outward law and government, and subjected to authority" (Luther 9). In essence, the secular Sword and laws are set forth for the unjust not the just. ... He needs no law of man, only the law of love and nature, to set his path aright and to live in the service of God. ... Peace cannot exist in the state of war born out of th...
It discusses human interaction where ethics, emotions and law come together. ... Disagreements between public policy, morality and individual behavior on this issue existed even at the time of Plato and Aristotle. ... In England and in the United States in the 19th century severe antiabortion laws were passed Attitudes toward abortion became more liberal in the 20th cent. ... Several state legislatures passed restrictive abortion laws in hope that the Supreme Court would overturn Roe v. ... Subsequent attempts by many U.S. states to ban this method were contested in the courts, and i...
According to the theory of natural law, our laws are merely a reflection of this foggy, grander conceptual law which exists somewhere in the minds of all people. In our society, we make the best laws that we can in accordance with the general idea of morality most people have. ... The problem is that there is no great consensus on what this ideal law is, and until we reach that point, we must fall back on trusting that other people's ethics and morality are just as valid as our own, and allow them to make their own choices within the bounds of the laws the majority of society has alread...
How practical it is to sometimes ignore morality and reflective thinking. ... His reasoning: Animals cannot be treated equally to humans because they have no understanding of morality. ... This is absolutely incorrect because insane people and children or brain-dead people still have equal rights even though they cannot understand morality or act morally. ... Just as it is probably the highest valued law in our society, this law to preserve the living must be extended to animals, in order to act in their best interest. ... Then there is also the aspect of law. ...
