PHILOSOPHY The critical analysis of fundamental assumptions or beliefs.

SO History of Law-Making Power DIVINITY KING PARLIAMENT God God/Man Man God God/Man Man

NATURAL LAW THEORY All laws are derived from God Good behaviour is rewarded Good behaviour is rewarded Bad behaviour is punished Bad behaviour is punished DIVINE Source

ATHENS—the cradle of democracy

SOCRATES 469 B.C.—399 B.C. 469 B.C.—399 B.C. ATHENS ATHENS Considered the founder of philosophy Considered the founder of philosophy Highest moral principle was to obey the law Highest moral principle was to obey the law Even if considered unfair, unjust or wrong Even if considered unfair, unjust or wrong

Was sentenced to death for “corrupting the youth of Athens” and for disbelieving in the gods HEMLOCK

PLATO 427 B.C.—347 B.C. 427 B.C.—347 B.C. Socrates student Socrates student Present at Socrates death Present at Socrates death Laws should strive to reflect certain universal, absolute truths or virtues Laws should strive to reflect certain universal, absolute truths or virtues

PLATO “THE JUST MAN DISOBEYS UNJUST LAWS” Believed Socrates death was motivated by the need for the ruling elite in Athens to maintain their power True leaders should be “PHILOSPHER KINGS”

PLATO ARISTOTLE

ARISTOTLE Plato’s student Plato’s student Contribution: origin of laws came not from gods, but from the laws of nature Contribution: origin of laws came not from gods, but from the laws of nature Rationalism— observation and human reasoning Rationalism— observation and human reasoning

CICERO 106 B.C—43 B.C. 106 B.C—43 B.C. Roman Roman Dangerous if people did not believe unhesitatingly in the sanctity of the laws and justice Dangerous if people did not believe unhesitatingly in the sanctity of the laws and justice

CICERO Felt politicians of the time were corrupt Felt politicians of the time were corrupt Virtue ahead of power, wealth and fame Virtue ahead of power, wealth and fame Witnessed Caesars murder, was exiled Witnessed Caesars murder, was exiled Returned when Mark Anthony became part of Roman leadership Returned when Mark Anthony became part of Roman leadership Cicero tried to oust Anthony, a bounty was placed on his head Cicero tried to oust Anthony, a bounty was placed on his head Murdered, hands and head were nailed to the Senate speakers’ podium as a warning to others. Murdered, hands and head were nailed to the Senate speakers’ podium as a warning to others.

FROM GREEK AND ROMAN GODS/GODDESSES To:CHRISTIANITYJUDAISMISLAM

ST. THOMAS AQUINAS 1225— —1274 Roman Catholic priest Roman Catholic priest Like Aristotle and Cicero believed humans can use reason to determine things without divine intervention, however….. Like Aristotle and Cicero believed humans can use reason to determine things without divine intervention, however….. Humans exist for a spiritual power Humans exist for a spiritual power......

ST. THOMAS AQUINAS The ultimate authority on earth is NOT the state or the government The ultimate authority is the Roman Catholic Church All man-made law should support divine law (church law)

TRANSITION Henry VIII Law making power of the church Law making power of the church Law making power of man Law making power of man

KING HENRY VIII No, he wasn’t a philosopher BUT the expansion of the Holy Roman Empire meant that if it arrived in Britain, his power as monarch would be over and the power in England would be in the Pope’s hands. Therefore, he took action by separating the Church of England from the Roman Catholic Church and establishing himself as the head of the Church of England thus ensuring his consolidation of power

POSITIVE LAW THEORY Man is responsible for making laws Not up to religion to dictate code of behaviour (morality) Not up to religion to dictate code of behaviour (morality)

THOMAS HOBBES 1588— —1679 British British Self preservation key to human survival Self preservation key to human survival Individual must surrender rights to the sovereign (King) Individual must surrender rights to the sovereign (King)

HOBBES People naturally lean towards violence and disorder Purpose of government is to have a strong leader to maintain law and order Distrusted democracy

JOHN LOCKE 1632— —1704 Built upon Hobbes Built upon Hobbes Needed strong leader but if leader abused power, should be overthrown. Needed strong leader but if leader abused power, should be overthrown. Fundamental rights: life, liberty, property Fundamental rights: life, liberty, property

JOHN LOCKE Believed the strong would take advantage of the week Important for the state to preserve ALL rights for ALL people Inspired both the American and French Revolutions.

JEAN JACQUES ROUSSEAU 1712— —1778 French French Expanded on the Social Contract Theory (Locke, Hobbes Expanded on the Social Contract Theory (Locke, Hobbes Disliked Hobbes Disliked Hobbes

ROUSSEAU Social Contract “By joining together into civil society through the social contract and abandoning their claims of natural right, individuals can both preserve themselves and remain free. This is because submission to the authority of the general will of the people as a whole guarantees individuals against being subordinated to the wills of others and also ensures that they obey themselves because they are, collectively, the authors of the law.”

JEREMY BENTHAM 1748— —1832 British British People will try to achieve maximum happiness and pleasure in their lives. Goal of laws: To provide happiness to greatest number of people.

UTILITARIANISM Bentham is “preserved in an “Auto Icon” at the end of a hallway in University College London Yes, this is his actual head This head is a wax version

JOHN STUART MILL 1806—1873 Harm Principle: you may act as you want as long as you do not harm others. Defended free speech— necessary for social and intellectual progress Spoke out on the rights of women

KARL MARX German German Ideas are credited for modern communism Capitalism leads to class struggle Laws are made to oppress the poor

LON FULLER 1902— —1978 American--Harvard University American--Harvard University Legal Realism Legal Realism All law is made by human beings and, thus, is subject to human imperfections. All law is made by human beings and, thus, is subject to human imperfections. Judges will not rule identically even in the same case Judges will not rule identically even in the same case

JOHN RAWLS 1921— —2002 American—Harvard American—Harvard Theory of Justice: Distributive Justice “Everyone is impartially situated as equals” Affirmative Action Programs

NOAM CHOMSKY 1928—present 1928—present Controversial American Controversial American Propaganda Model Our views of the world are shaped by the media and 15 second sound bites

CHOMSKY Governments use the media to further their own agendas Citizens lobby for or against laws based upon the perception created by the media Views are manipulated by media

CATHERINE MACKINNON 1946—present 1946—present American American Feminist Jurisprudence Sexual Harassment Sexual Harassment Pornography Pornography Role of Law is the suppression of women

MacKinnon Women have had no place in law historically Lack of response to women’s needs (employment/pregnancy) Lack of response to women’s needs (employment/pregnancy) Institutional Discrimination (1 st woman appointed to SCC was in 1984) Institutional Discrimination (1 st woman appointed to SCC was in 1984) Historical: Famous 5 Historical: Famous 5