Political theory and law

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Presentation transcript:

Political theory and law Week 4 & 5

Political theory and law

POLITICAL THEORY AND LAW Rule of Law Locke – law as a guarantee of individual liberty Dicey – four features of rule of law Punishment for breaches of law Equal subjection to the law Certainty of punishment Ordinary law of the land

Political theory of law Natural Law Positive Law

Political theory and law “Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.”

Political theory and law “No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.”

Political theory and law ORDER

POLITICAL THEORY AND LAW Discipline and control Natural harmony

Political theory and law Punishment Retributivism Deterrence Rehabilitation

Political theory and law “Today … we have to say that a state is a human community that (successfully) claims the monopoly of the legitimate use of physical force within a given territory” Max Weber

Political theory and law Leonidis v. Greece