LAWS 1000 Lecture Notes - Lecture 3: Montesquieu, Complex Number, Rationality
31 Aug 2016
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Document Summary
Goal: to offer a conceptual map of the evolution of law : traditional legal system the system functions essentially the same, it coordinates interactions, settles disputes, checks deviance, and also regularizes exchanges. However, in this system, there is no well developed sub-political system(s). Unvarying in application applicable to everyone as a guiding norm (democratic ethos, no special status) Rational valued for their instrumental application and chosen ends (not intrinsic quality of justice) Political linked to the state, as an apparatus of monopolization of law/violence. Legislative, judicial and executive are separated: european pioneers for the longest time, law was generally conceived as unrelated to the structure and function of society, natural law plato and aristotle. This idea that law correspond to the rule of. Reason (free from all passion), on a naturalistic basis (human nature can be known through reason). Theocratic and aquinas: legal positivism legal and moral become distinct. Speculations about the essence of stuff, including justice, is discouraged.
