Phil*3040 Exam Review Questions And Detailed Correct Answers Success Guaranteed.

What is the Separation Thesis - correct answer The claim that law should be kept separate from morality or that we should keep distinct law as it, instead of changing it into what it should be. Legal positivists essentially believe that the question of whether a law is a just or moral one should be left up to moral philosophers and not practitioners of jurisprudence. What is Utilitarianism - correct answer A theory of morality that states that the right action or public policy is the one that promotes the greatest good for the greatest number of people. These 19th century utilitarians were figures like Jeremy Bentham and John Austin, who emphatically defended the separation thesis Natural Law Theory (NLT): - correct answer It argues that law is grounded in reason and consists of objective normative propositions that can be rationally discovered independently of divine revelation. The Overlap Thesis: - correct answer There is an essential connection between law and morality. A 'law' that violates moral norms, then, is not really a law. "problem of the penumbra" - correct answer Has to do with the fact that there are grey or "shady" areas in the law What did Aristotle say the good life consisted of? - correct answer Both goods that are external to the soul such as friends and a bit of money, as well as internal goods such as moral virtues. What is the subject matter of Nicomachean Ethics? - correct answer The good life What is the General Idea of Responsibility seen by Aristotle? - correct answer we reserve praise and blame for peoples' actions, though, only if they are voluntary. If our actions are involuntary, then we are absolved of them. Two types of Involuntary Actions - correct answer (1) compulsion or (2) (certain types of) ignorance. Aristole though humans were rational beings who would use a Practical Syllogism to understand and act within our world. What are the three parts of the Practical Syllogism - correct answer (1) a major premise - comprises some universal truth or general moral principle (2) a minor premise - describes the particular facts of the situation (3) a conclusion. - comprises the act itself what are the Two Schools of Thought About the Locus of Criminal Liability - correct answer Subjectivism: Holds that the wrongness of a crime is found only in men's rea, or what the wrongdoer intended to do. The same whether or not the actus reus, or the criminal act, was completed. Objectivism: Holds that intentions, to be sure, matter when determining criminal liability, but that the consequences of intended actions (the actus reus) are also relevant to determining the degree of liability-responsibility. what is Punishment: - correct answer "A harm inflicted by a person in a position of authority on another person who is judged to have violated a rule" What are the 5 features of punishment? - correct answer It is "evil" or unpleasant in the sense that it involves some form of suffering or deprivation It is imposed for some kind of offence, whether moral or legal It is imposed on the offender who is judged guilty of wrongdoing It is meted out by other human beings (as opposed to say, nature) It is imposed by a person or persons in a position of authority what are the three major theories of punishment? - correct answer Utilitarian Rehabilitative Retributivist The Utilitarian theory of punishment - correct answer Punishment is justified on the grounds that it will deter or prevent crimes from happening in the future. The goodness or badness of an action is whether it will bring about useful consequences. Rehabilitative Theories of punishment - correct answer Rooted in the claim that crime is a "disease", that criminals are psychologically ill and therefore need to be cured. Criminals are not responsible for their actions. The solution to crime is therefore treatment rather than punishment. Retributivist Theories of Punishment - correct answer Punishment is justified on the grounds that the criminal has committed a wrongful act. By committing a crime, the criminal has taken more than she deserves and has therefore gotten an unfair advantage, thus incurring a debt to society. This debt must be repaid by incurring a punishment which rebalances the scales of justice. what is a Categorical Imparative - correct answer an unconditional moral obligation which is binding in all circumstances and is not dependent on a person's inclination or purpose. Three Formulations of the Categorical Imperative: - correct answer 1. Apply reasoning to everyone, if everyone lies, it would be disastrous. 2. Treat others the way you want to be treated, never use someone as a tool. 3. act on principles of which a hypothetical community of perfectly reasonable people would approve. What is the state of nature? - correct answer Locke considered the State of Nature as both a thought experiment that justifies the existence of government and as something that still exists: (1) on the international stage