JLC-110 FA2 Lecture Notes - Lecture 11: Justification For The State, Due Process
28 Oct 2016
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No separation of powers: no checks and balances, sovereign cannot act unjustly. The individuals are the authors of that action. Sovereign cannot break the law because he makes the law, not a party to the contract, but a product of it. Believes this power is legitimate and necessary: consent renders absolute government legitimate, a kingdom that divided within itself cannot stand. Sovereignty by institution and by acquisition: fear is consistent with both liberty and necessity. Liberty = the absence of external obstacles/impediments. You can do whatever you want unless you"re limited by something. : it is dishonorable and cowardly, a social taboo, to do this, but it is not unjust. When the sovereign threatens items necessary for survival: the right to the resources for us to be able to live, supports the rights against self incrimination. We cannot break the law to save the life/protect the livelihood of others.
