Philosophy 2080 Study Guide - Midterm Guide: Obiter Dictum, Private Law, Precedent

• School: Western University
• Department: Philosophy
• Course: Philosophy 2080
• Professor: James Hildebrand

Document Summary

Law: a set of rules that will be enforced by the state: the state has power, a law is one rule, the law is the entire body of state-enforced or legal rules. In canadian society, we acquiesce (not taking action when you know something can be done) to the use of force. We delegate enforcement of laws to people empowered by the state: voting members in a representative democracy help determine who has authority and what kind of authority they have. In england, judges were appointed by kings to solve disputes b/w people/people and the government. People would plead cases and the judge (representing the king/queen) would settle it and had to explain why: for a decision to be principled /have a rational basis, there must be a reason that is not arbitrary or unfair. Example: if someone is attacked, we assume the victim would protect himself.