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a full summary of all lectures and readings of the LJM 2020/2021 course. All content in detail described that helped me attain a 8.9 end result.
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Week 1 Introduction to Law- Sandel Ch. 1“everybody to count for one, nobody for more than one”.
- Hage Waltermann: Introduction to Law
- Radbruch: statutory lawlessness
- Hart: the Concept of Law
- How to think like a Lawyer
- Kerr, how to read a case
Week 2 Utilitarianism
- Bentham: Introduction to the Principles of Morals and Legislation
- John Stuart Mills: Utilitarianism
- Singer: famine, affluence and Morality
- Mills J.S: on liberty
- Waldron, the harm in hate speech
- Snyder vs. Phelps
Week 3 Deontology
- Immanuel Kant, the fundamental principles of metaphysics of morals
- Sandel ch. 5
- Convention against torture (1984)
- 8 U.S code 2340
- Torture Utilitarian Argument Against Torture: Remarks by President Barack Obama
- Gafgen vs. Germany
- Pierik: cosmopolitanism in context
- Kleingeld
- Achiume
Week 4 Rawls
- Rawls, theory of Justice
- Sandel ch. 6
- The perplexities of the rights of the man, Ardent
- Nozick, anarchy state and Utopia
- Reconciling social luck egalitarianism (Pierik)
- Suggested: sandel ch. 3
- Sandel ch. 4
- Why people don’t donate their kidneys
,Week 5
- Anderson: what is the point of equality
- Sandel ch. 7
- Young, equality for whom?
- Mills: rawls on race
- Wekker: case of zwarte piet
Week 6
- Sandel ch. 8 and 9
- Weiler: lautsi and the crucifix
- Pierik, state neutrality
- Pierik, vaccination policies
-
Week 7
,Week 1
Lecture 1
Morality:
an informal, public systems of ideas applying to persons, aimed at achieving the good life
- No established procedure that can establish all the controversial questions
- However, overwhelming agreement on the majority of issues
Public system:
all those to whom it applies must be understanding of it (morality). Must not be irrational to
follow those rules. Not irrational to judge others if you break those rules
Morality can be private to a person itself: I will exercise for one hour
John Rawls: we should accept a pluralism of ideas of the good life
- Irrational that we all follow the same moral rules
Religion as a subcategory of morality
Justice:
informal public system of rules concerning correct way of organizing organizations that organize
society
- Rawls: distributing burdens and benefits of society
- Membership of society is not voluntary, there is no real ‘exit’
- Question: how do we organize then that it is just for everyone?
Informal public system
Difference: how we ought to live our lives vs. how we organize our political community
Law:
formal system of public rules within a society. Rules are explicitly written down. Clear what the
rules and penalties are
Formal procedure:
1. Clear who makes the law and by what procedure
, 2. Is consistent set of rules binding for all
3. Not set in stone, temporary and reversible
Legal Positivism:
Law and the legal order set of rules laid down that have specific roles with law making authority,
this is the way law is made
- Only thing that is relevant: whether law is made by the correct institution
- Clearly distinguishes between law and morality
Alternative: rule breaking
- Criminal behavior : concealed rule breaking
- Civil disobedience : obviously breaking rule because you are in disagreement with it
- Vigilantism : illegitimately acting as a rule enforcer. Breaking monopoly of the state to
use violence. Self appointer of justice
- Revolution: whole set of rules are broken.
Circumstances of the state: why do we need it in the first place?
Governs us all without conflict
1. Scarcity: need all kinds of things: water, sleep etc. equality of need
2. Limited altruism
3. Scarcity of natural resources
Need of rules to regulate: otherwise fights break out
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