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Philosophy of law summary
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Summary on philosophy of law of the lectures and reading with seminar answers. I got an 8.7
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SummaryLecture 1:
Hobbes
common wealth
Radbruch
Justice
Legal certainty
Expediency
→ their tensions
Law theories
Lecture 2:
utilitarianism/consequentialism
Bentham
Action maximizing utility is morally good (pleasure and pain)
greatest happiness greatest number
Mill
individual rights → harm-principle
values on same scale → utilitarians CAN distinguish
(Sandel critique)
Deontology
Kant
humans rational beings
value vs dignity
freedom, morality, motive
Separation of powers
Summary 1
, Binder
security vs liberty
Lecture 3
instrumentalism
securitization → bauman
legal protection
hildebrandt
rule of law
formal vs substantive
legalism vs legality
Schmitt & Scheppele
state of exception
Lecture 1
Hobbes
Section 5
human nature
causes of common health
Differences between human and animal
1. men compete for honor and dignity → resentment and envy → sources of
sedition and war
2. animals common good = private good, men want superiority and eminence
above other men
3. men suppose themself more clever than others → dissension and civil war
4. men exaggerate → their tongue is a trumpet to war
5. animals do not distinguish wrong and harm → not criticize their companions
6. accord between animals is natural, between men is on an agreement to have
peace
Summary 2
, Section 6
a combination of several wills is not right, one single will towards peace, defence
and the common good is needed (security)
Section 7
every men obligates themselves to that will by an agreement → Union
The will of an assembly is the will of the greater part of the men who make
the assembly
Section 8
Rights to a man’s strength and resources are transferred to the individual (the
state)
state has monopoly on punishment
Section 9
An union (commonwealth), civil society and a civil person → share one will, they
are one person
→ one person’s will is by agreement the will of them all
Section 10
A corporation is also a ‘civil person/legal person’ like any other. They are no
competition to the commonwealth as they fall under it
Section 11
Every person is subjected to the will of the commonwealth and his sovereign
power, they gave it the right to give commands.
Section 12
every person is now together as one, fear for each other is not there anymore.
Natural power is the natural origin of the commonwealth, not wanting to get
killed. → natural commonwealth Determination and decision is the origin by
design → political commonwealth
Radbruch
Concept of law → idea of law = justice
Justice
subjective justice: moral goods
Summary 3
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