Legal Philosophy Eating the cabin Boy

R. v. Dudley and Stephens Read the “In Brief” regarding R. v. Dudley and Stephens With some of your peers work through the 3 guiding questions. The reason for your choices is what is important- the ratio decidendi

Legal Philosophy Big questions of human existence- philosophy Abstract concepts of good and evil, right and wrong, justice and injustice Morals- guiding behaviors of right and wrong- when an individual acts against the moral ways of a community, there are various responses to that behavior There is a relationship between a community’s values, morals and its formal laws Therefore it is obvious that legal philosophy or jurisprudence is of great interest for philosophers

Legal Philosophy Where does law get its authority? Why do people obey rules and laws if it means losing a certain degree of freedom? Wouldn’t we be happier if we could do as we please and followed our own desires?

Legal Philosophy The Social Contract- without rules= state of nature Enter into a social contract…quite simple to understand- Ex: we agree to respect other people’s property on condition that they will respect ours In the end due to the root of the questions regarding the authority and law, naturally there are varying perspectives regarding those questions…typical human behavior. Generally there are 5 legal perspectives and within each of those are various sub- theories that try to provide a more narrow and specific theory:

Legal Philosophy Natural Law Legal Positivism Legal Realism Critical Legal Studies Economic Theory of Law