Poli Sci Midterm Notes
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
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