LAWS 3602 Lecture 11: LAWS 3602A - class 11
Document Summary
Rwandan genocide?: basic moral guideline ex. Most people want to survive for bigger reasons not enough to say that these are rational requirements law has to show a commitment to morally attractive values. Concept of a right consciousness, agency power of reason and capacity to exercise choice hard to talk about survival without talking about dignity and equality. Need system of implementation and there needs to be consequences if the law is broken coercive and insurance: deterrence, rehabilitation, retribution, fines, imprisonment, therapy, rehabilitation programs, death penalty, physical punishment. Need officials who create, identify, protect, enforce the laws in society: police, military, citizens etc, judges, lawyers, jails/ prisons. Law is normative - source of obligation. Law must be institutional legislature, executive, judiciary, police. Law is coercive must be some mechanism to enforce law. Majority benefits rule of law. Goods that the legal system protects should benefit predominantly one ethnic group. Workable but contradictory, immoral for some", discriminatory.