Law 2101 Lecture Notes - Lecture 6: Common Good, Ivan Rand, R Force
Document Summary
Why is it good for a society: aquinas said to put yourself in the place of a child in a schoolyard (thought experiment) Exercise of reason and moral judgment: pattern of functional relationships. Need for law, prevention and restitution, based on consequences and expectations: law is morally valuable, what do we use law for, settling disputes among persons. Without this, people take matters into their own hands: can lead to violence and stronger persons winning. Securing desirable behavior: need for coordinator, benefits of doing so. Criminal law: providing facilities for private arrangements. E. g. wills, contracts: provision of services and the distribution of goods. John austin"s command theory: series of commands backed by sanctions, applies to all of law, problems: Implies anytime anyone demands something from you, that would be law: has to be an idea of authority by a person or an institution for it to be a matter of law.