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Summaries and Notes for all the essay and other questions in the exam scope created with past paper memos for LJUR4814 - Jurisprudence.
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PART A = UNIT 1.2IMPORTANT CONCEPTS
1.A Priori [3]
A Priori refers to a proposition that is based on a thought/theory that was
there from the start and has not evolved as a result of experience or
something that we have learnt. E.g:
Acts that are right or wrong are not determined by man but values
inherent in man from birth
Theft, we are born knowing theft is wrong
The proposition that all bachelors are unmarried
2.Empiricism [3]
The word empirical comes from the Greek empeirikos, meaning
experienced. It was originally used in medicine for doctors making choices
based on observation and experiment rather than theoretical ideas. It's
now used for any kind of knowledge that comes from experience.
Empiricism is a theory that states that knowledge comes primarily from
sensory experience, in the formation of ideas as opposed to the notion of
natural or inborn ideas or traditions
Empiricism in the philosophy of science emphasizes evidence, especially
as discovered in experiments.
This theory states that one is not born with knowledge of what is right and
wrong but gets to know the difference by observing the world e.g. what
parents teach, what is learnt at school.
Law, rules and regulations are therefore a product of man or convention
and have not existed since the beginning of time.
Problem: how does this theory answer the question of the a priori nature
of logic and mathematical rules that exist regardless of observation and/or
experience.
Enlightenment [3]
A movement of the 18th century (1680 -1780) that stressed the belief that
science and logic give people more knowledge and understanding than
tradition and religion. The theory uses reason to scrutinize previously
accepted doctrines and traditions.
1
, Epistemology [3]
Deals with what we know and how we know it.
Some Big Questions in Epistemology:
1. What’s the difference between believing something and knowing
something?
2. What kind of proof is most reliable?
3. What kinds of information can we be 100% sure of?
Practical Uses for Epistemology:
1. Critical Thinking - discussions of what’s true and what’s false (and
everything in between) are excellent for developing these skills.
2. Science - new discoveries, new theories and new technology are all
built on the idea that we’re uncovering “the truth”.
3. Math - numbers and equations are all about what’s true and what’s
not true.
In saying that one knows something, we are, in effect, saying something
about the person doing the knowing, the proposition that this person
claims to know, and the relationship between the two.
Ethics [3]
The study of right or wrong actions or attitudes i.e. right v wrong actions.
Includes:
1. Normative ethics the standard of acceptable right or wrong behaviour
e.g. medical ethics. It attempts to provide a general theory that tells us
how we ought to live. It includes the formulation of moral rules that have
direct implications for what human actions, institutions, and ways of life
should be like.
2. Social or Religious ethics conceptions of right conduct and good living
that are derived from, or influenced by, religious belief.
Humanism [3]
A theory that places central importance to human matters rather than
divine or supernatural matters. Humanist beliefs stress the potential value
and goodness of human beings, emphasize common human needs, and
seek solely rational ways of solving human problems. This theory has a
non and anti-religious world view. This spirit of learning developed at the
2
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