Poli Sci Midterm Notes

Topics: Human rights, Law, Sociology Pages: 6 (1089 words) Published: March 19, 2013
Jurisprudence- legal philosophy: is the study and theory of law Hope to gain a deeper understanding of law, natural law, civil law, and law of nations

Positivism: is the study of philosophy of science based on the view that in the social as well as natural sciences data derived from sensory experience, and logical and mathematical treatments of data that come from all authoritative knowledge

Natural law is a system of law that is determined by nature

Volksgeist: Gottfried Herder used this to creature cultural sentiments on the people of Germany

Law of the books vs law in action: law on books refers to the law as it is written or codified in law books

Law in action refers to how law is applied or enforced which varies depending on the enforcer

Queen vs Dudley and stephens: justification for cannibalism and murder at sea after shipwreck

Non-derogable: prohibition is absolute and non-derogable meaning that law can never be destroyed

Rights hierarchy: rights that may be assigned on a user, group or site wide basis

Primary/ so called secondary rights: primary rights: original, first rights Secondary rights, indirect rights

Categorical moral imperatives: Immanual Kant, a moral obligation or command that is unconditionally and universally binding

Negative and positive rights: positive rights permit to action negative rights permit to say oblige to inaction

Rights/obligations(duties): Rights: free speech, free religion, free press, duties: vote, serve jury, obligations: pay taxes follow laws

Fortress architecture: architecture that keep certain people in community out

Three schools of jurisprudence: natural law: foundations of law are accessible through human reasoning legal postivisim: by contrast of natural law, law and morality, legal realism: argues that the real world practice of law is what determines what law is

Jean paul Sartre: key figure in the philosophy of existentialism and leading figure in 20th century French philosophy and Marxism

Individual freedom and responsibilities: what we feel are our freedoms and responsibilities to our community

Social denial: denial within our societies in the problems that we face

Bad faith: intent to deceive

Anguish: hurt and anger that we feel after something

Freedom/responsibility: our freedoms of speech etc, responsibly paying taxes

Social or collective denial: denial within society

Three types of denial: simple denial: deny the reality of unpleasant fact altogether Minimization: admit the fact but deny the seriousness Projection: admit both the fact and seriousness but deny responsibility blaming it on someone else

Spatial logic specification logics for describing the behavior and spatial structure of concurrent systems

Seeing triangle:

Sit lie legislation:

Due process: the legal requirement that state must respect all of legal rights that are owed to person

Equal protection: all are equal, given the same rights

Strict scrutiny: harsh criticism

Social and economic rights: right to education, right to housing, right to adequate standard of living, and right to health

Sources of human rights: international court of justice,
United nations, human rights council, commission of human rights

Gideon vs. Wainwright (1963) Gideon broke into pool room in florida and stole money, Gideon was to poor to have an attorney, now states must provide a attorney no matter what.

Roulette vs City of Seattle: homeless are not able to go to public places around seattle, they are restricted Kardrmas vs Dickinson Public School: family to poor to afford busing for children, so children stopped going to school, family wanted to sue Dickinson public school for this but in the end nothing happened this occurred in south Dakota in 1988

Anatole france: he was a French author talked about how people were like humans with instincts, lack of thinking

Andrew deener: wrote venice, a portray of venice...
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