Who Said it???

Natural Law Thinkers….

Plato “Philosopher King”

Justinian “People are born free” laws that violate the universal laws of nature should be struck down.

Thomas Aquinas “Law is chiefly ordained to the common good” “man obeys the law due to his being good” “good is to be done and pursued and evil is to be avoided”

Aristotle “The ‘just’ therefore means that which is lawful and that which is equal and fair” Hardships would be cured by equity Meritocracy

Plato “I declare that justice is nothing else than that which is advantageous to the stronger. It follows that the just man disregards them [laws]. But the subject who obeys hurts himself and promotes the good of others. It pays therefore to act unjustly.”

Saint Augustine “ideal justice” would by achieved when the “city of god” came to earth Church has a moral duty to intervene on the state

Cicero “Law is a natural force; it is the mind and reason of the intelligent man, the standard by which justice and injustice is measured.” “Evil laws” should not be supported

Positive Law Thinkers…

Thomas Hobbes The life of a human is “solitary, poor, nasty, brutish, and short” Citizens make a social contract surrendering the right to govern themselves to a ruling power

John Stuart Mill “Actions are right in proportion as they tend to promote happiness; wrong as they tend to produce the reverse of happiness” Father was a student of Bentham

Jean-Jacques Rousseau “Man is born free; and everywhere he is in chains…. How did this change come about?” The social structure that encouraged self-interest instead of goodwill toward other had corrupted human nature and ruined our way of life and our search for happiness

John Austin No positive law can be unjust, because the law itself is a measure of what is just or unjust Influenced by Bentham

Jeremy Bentham First person to support utilitarianism Laws based on what is practical and realistic, not idealistic moral

John Locke “the legislative… cannot assume itself a power to rule… arbitrary decrees” There is a need to set limits on the power of the state. Collective rights are not more important than individual rights

Contemporary Philosophers…

HLA Hart “Open texture to the law” Judges should strike a balance between competing interests and be flexible in certain circumstances.

John Rawls “Justice is fairness” “Liberty for all” and “difference principle”

Richard A. Posner Law must reflect economic realities Law should be assessed on its effectiveness in altering negative behaviours

Noam Chomsky Law serves those who are in power There is an agreement between those who are in the elite class and law makers

NAME THAT THEORY!!!

Legal Formalism Law is a science or a math Nothing more than a set of rules Government is responsible for making laws, not judges

Legal Realism The reality of law is that bias exists Law is based on the judge’s point of view, influenced by their prejudice and mood

Critical Legal Studies The law exists to support the interests of people in power and can be used as an instrument for injustice and oppression

Feminist Jurisprudence The legal system uphold political, economic, and social inequality for women.

Law Based on Economics Purpose of law is resource allocation. Law should be evaluated on a functional perspective.

Natural Law It is human nature to be good, all people strive to be good, goodness is essential to our well-being

Positive Law Law and justice are not the same thing Law is coercive and forceful in order to maintain order

Divine Law Earliest form of law based on religious doctrines All laws come from God

NATURAL, POSITIVE, OR DIVINE LAW?

Positive law Law is law because it is law

Positive law The social contract

Natural law Universal laws

Positive law Man made law

Divine Law Law based on God and intervention of the church

Positive law Law is based on opinion of those who are in power

Natural law Human nature is to be good

Positive law Law and justice are NOT the same thing

Divine law Earliest form of law