Philosophy of law

If you order your custom term paper from our custom writing service you will receive a perfectly written assignment on Philosophy of law. What we need from you is to provide us with your detailed paper instructions for our experienced writers to follow all of your specific writing requirements. Specify your order details, state the exact number of pages required and our custom writing professionals will deliver the best quality Philosophy of law paper right on time.

Out staff of freelance writers includes over 120 experts proficient in Philosophy of law, therefore you can rest assured that your assignment will be handled by only top rated specialists. Order your Philosophy of law paper at affordable prices with cheap essay writing service!

PHILOSOPHY OF LAW


--0


· Both Aquinas and Aristotle believe that humans act with a particular end in mind


· To move you need memory? (Clams)


Cheap University Papers on Philosophy of law

Unless you are hard wired as to the way to get to an end you have choices. Aquinas thought there were choices…


· These choices are what Aquinas calls reason


Science = true knowledge obtained from reasoning


Practical reasoning is reasoning from an end. I.e. I want to go X. Conclusion is judgment of what you can do now?


Function of practical reason is to determine the means to achieve an end


ASSIGNMENT #


1. Humans are social b/c we can’t survive on our own. We are born dependent � we need each other to survive


Rational resistance to just authority


. We need a community to flourish, community needs an ongoing principle � that to him is a political forum


. Humans are social and political; political can be just and unjust. All of this is aimed towards and end � this is a human characteristic � a polity is also aimed towards an end


What makes a political end just or unjust?


- If the ruler of a multitude of free men is the common good of the multitude, the rulership will be right and just


- If the rulership is aimed at the private good of the ruler, it will be unjust


One unjust ruler = tyrant


- Unjust gov carried on by several is an oligarchy (Rule of the rich)


- Bad government led by the multitude is democracy


A polity is equal to our democracy (Gov administered by many)


Aristocracy � gov ruled by few men of virtue � the few men are the optimates


Aquinas, Aristotle and Plato call a government with the aim of achieving the good of the rules, not a real government


· Family needs a village


· Distribution of labor in villages/cities free up leisure time. This enables cultural, academic etc… advancement


o This is why Aquinas thinks a city is a perfect community


NOTE Temporal law is to provide resources so everyone can survive


---------------------------- End of letter to king -----------------------------------------------------


Is HL inconsistent with morality?


- Begins treatise with a definition of law


QUESTION 0 � OF THE ESSENCE OF LAW


This is the only time Aquinas gives a definition


1. Whether law is something pertaining to reason


à Acts as a vehicle for which the choice is made


à Reason is the organizational principle that makes law and not violence


à The end of law is the common good (final cause)


à Who makes the law? (Article III Q)


· Who ever is good is made from law


· Law is at the consent of the governed


à Promulgation � you can’t be ruled by law w/o knowing what it is


DEFINITION OF LAW Ordinance of reason made for the common good


--0


Think about how successful a claim that the NL has changed would be


QUESTION 1


#1 Of the various kinds of law � 6 points of inquiry


Why does reason have anything to do with desire?


à If you have the faculty, you have the inclination to use that faculty � same with reason?


How does he differentiate HL from NL and EL?


à HL � positive, laid down, legislation


à HL function is to make the NL concrete


How is DL differentiated from EL?


à EL is god’s plan for the universe explained through and accessible by humans


à DL is revelation i.e. trinity


NOTE The way he is using “law” means “plan” he wants to see the contrast between HL and DL


Why does he say DL is necessary?


QUESTION � Of the Effects of Law


NOTE Professor isn’t sure what he means by “effects”


To make men good, what does he mean by that?


à To make them obey? This would depend on the aim of the law


Is the purpose of the law for Aquinas to make citizens good?


- The proper effect of the law is to lead its subjects to their proper virtue…the proper effect of law is make those to whom it was given good. Either simply or in some particular respect


Acts of law suitably assigned?


à Law is dictate of reason commanding something


kinds of human acts good, evil and indifferent


à It is the fear of punishment that law makes use of in, order to ensure obedience, in which respect punishment is an effect of the law


· this becomes a major contingent in philosophy of law � whether coerciveness is a contingent part of HL


· Aquinas thinks that punishment is not essential to of law itself but is aware of humans irrationality and the need


QUESTION � OF THE ETERNAL LAW


Considering each law by itself EL, NL, HL, Old L and New L which is the law of the gospel and the “law of fames”


6 Points of Inquiry


Is EL sovereign?


Is EL known to all?


à A thing may be known in ways, in itself and in its effect i.e. sun known by its rays by someone who could not see it


à No one can know EL in itself except those who see God, but every rational creature knows its reflection


à Every knowledge of truth is a kind of reflection and participation of the EL


Every law derived from EL?


à One thing can’t move if not moved by another � same with gov, the plan of gov is derived by secondary governors from governor in chief � same with art etc…


à Since EL is the plan of gov in the chief governor, all plans government in the inferior governors must be derived from the eternal law


If the law in question


à HL (civil legislation) can allow immoral acts to proceed as long as they don’t sanction them


ASSIGNMENT #


QUESTION 4 � OF THE NATURAL LAW


(Comparison b/w speculative and practical reasoning)


à Professor says they are both self-evident


à Speculative reasoning Knowledge, the way the world works


- One reason that had different modes


- There are foundational principles but one that is the most foundational


à Practical reasoning Will or Action (Applied to)


- Same thing but the most fundamental is that action, desire is aimed at that which is benefiting/good


How do we determine what is benefiting good?


à By looking at whatever we have a natural inclination towards


NOTE Seems circular but just as we can naturally identify distinguishing factors using rationalization we can also do that using natural inclination


- Humans are rational animals w/ inclination to protect, perfect atc,,,


What does he mean by acting in a rational fashion for a living creature to desire being itself


à These inclinations, humans have natural inclinations to perfect, communicate, and protect the being they have


NOTE Human inclination is sparse


-16-0


Soul is the animating feature of human body


- It is what distinguishes humans from other animals


The next level of soul is the animal or sensitive soul


There are animals that lack memory, therefore they lack locomotion � if animals don’t move, and they have no memory, i.e. clams


The characteristic that distinguishes organic things from inorganic is the taking in of nutrition, growing and the communication of their being


Sensation characterizes humans


Human is distinguished from non-living b/c it has inclination to keep in existence


àAnimals communicate their being � humans through intercourse, plants through something else


à Humans can be extended through action and experience


QUESTION 4 � QUESTION OF UNIVERSALITY


The NL and how it proceeds is similar to deductive/speculative reasoning � not entirely the same


àIf you see a human being, you know that they are rational b/c that is their distinguishing feature


- Human beings are fallible and prone to irrational acts


NL prohibits incest � unless there are circumstances that permit it � i.e. only people left on the planet are brother and sister


à Then, NL changes


The other way NL can change is through human frailty


Revelations can make NL clearer


CHANGING NL


· Human law can extend NL � many things beneficial to human beings have been identified by HL.


o What he means is if it turns out that a particular rule of legislation and it is needed for peaceful interaction of humans in society, at some point you could say it is necessary


Can NL be erased from the hearts of men?


à No, b/c if you could then they would not be human beings


You can erase the basic principles below NL but you can’t erase the knowledge that they were there. (You can commit adultery but you can’t erase the knowledge that it was there)


Coercion is an essential characteristic of law


St. Thomas does no think it is essential characteristic of law but is of HL


Law � essential aspect is to regulate reason and instruct


- The key is under the rule of reason


- When we are talking about HL v. NL, HL’s distinguishing characteristic is that it is coercive


In Article , what is the relation between HL and NL?


· the force of the rule in the article


· You have a conscious obligation to abide by these rules


· Society imposes a moral obligation as well


· Since this is directly derivable from natural principles


--0


Aquinas � Ambiguity


Relationship between HL and NL


For HL to be consistent, it needs to be derived from NL. This is done in ways


· General principles �derivative process looks like syllogistic reasoning


· Force � bound by conscience


· To make concrete, once embodied in the system, obligated.


· Moral force � not quasi-syllogistic fashion


Does HL have to prohibit all vices?


· Where HL exist, its realm is in personal acts (Q6-A)


Q6-A4


If L in Q is rational creature, derived from EL, binds person in conscience, if not derived from El, don’t have to follow.


Example If L not for the common good or not duly promulgated then not derived from EL, also if it is irrational.


To be binding in conscience has to be law


If not binding in conscience, then law, can be disregarded if it won’t cause scandal


· Can disobey if action is rational � if acting would cause more harm than good, not rational


If contrary to divine law, you can never follow it. God’s intent is reason � you could never act reasonably if acting contrary to god’s intent b/c god’s intent is reason


Tradition � notion � Aquinas says this is a way the sovereign represents its will


· Reflects (not precisely) sovereign intent


· Custom can be used to create, interpret or prohibit


· Can trump legislation


· Sovereign reflects will through conduct not words





Please note that this sample paper on Philosophy of law is for your review only. In order to eliminate any of the plagiarism issues, it is highly recommended that you do not use it for you own writing purposes. In case you experience difficulties with writing a well structured and accurately composed paper on Philosophy of law, we are here to assist you. Your cheap custom college paper on Philosophy of law will be written from scratch, so you do not have to worry about its originality.

Order your authentic assignment from cheap essay writing service and you will be amazed at how easy it is to complete a quality custom paper within the shortest time possible!