PHIL 330 Lecture Notes - Lecture 2: Well-Order
Document Summary
There is necessarily some connection between: laws, its legal procedures, its principles , and on the other, the moral rights and duties that (independently of the state) govern individual conducts and that express and protect human dignity. In most well-ordered states, such moral rights and duties = fundamental laws and practices (constitution and common law): objectives of the essays. Individual ever have the right to break the law? . Can breaking the law be something an individual has a right to do ? if yes then the state my not rightly punish a law breaker: description of absolute or fundamental right. There are absolute or fundamental rights (rights of speech) that the state does not have influence on, can not be determined by the state. Hence the state cannot be in the right to enforce rules or decisions that seriously violate such fundamental rights, individuals have right to break such laws fundamental right > more important than general welfare (utility)
