Lju4801 Legal Philosophy Midterm questions and accurate verified solutions

Practical reason in Aristotle - ANSPractical Reason: Decides how the world should be and what individuals should do. practical reasoning infers in the opposite direction from both theoretical reasoning and the deliberation involved in productive activity The Stoic view of nature - ANSDestructive emotions derive from wrong judgments that we create. Philosophy was proven efficient through the way people behaved, not through what they said or thought. Nature: We ought to live in harmony with nature. We are smaller parts that are part of larger ones that are out of our control. We have to accept that there are certain things that we cannot change in this world. Aquina's Definition of Law - ANScertain rule and measure of acts whereby man is induced to act or restrained from acting." Law has relation to reason because rule and measure of human actions is reason 1. Divine Reason 2. Human Reason Final cause is implanted in it by God 4 types of law Eternal Law: Law only known to God Divine Law: Derived from Eternal Law. Divided into Old and New Law: Old Law: Commands conduct externally - reaches capacity for fear; promises earthly rewards such as peace and benefits New Law: The teaching of jesus Human Law: Subject to change; not meant to repress all vices Natural Law: Reflection of Eternal Law; related to the flourishing of the human; certain laws or rights are given to individuals universally through human reason. How is Hobbes' conception of sovereignty a refutation of traditional natural law theory? - ANSHobbes gives the sovereign the absolute power Absolute power gives ultimate and all power to sovereign, thus violating the definition of natural law which states that certain rights are inherent to individuals universally. Not all rights are given to the individual as stated in the definition of traditional natural law What animated Comte's scientific positivism and Austin's legal positivism? - ANSMoral evils can be eliminated just like human suffering is eliminated through scientific - Positivism: all knowledge comes from somewhere that has to be observable - There is an essence in man - Essential quality in man - Legal positivism: how do you know what natural law is? Is there a way to observe and distinguish it? - Scientific Positivism - Metaphysical notions must be discarded and replaced with science. - Law should be rebuilt in a new foundation (Blackstone) - for a better future advancements. - Law can be taken from a scientific approach