HUMA 1825 Lecture Notes - Feminist Legal Theory, Feminist Theory, Emily Murphy

• School: York University
• Department: Humanities
• Course: HUMA 1825
• Professor: Neil Braganza

Document Summary

First segments dealt with: what is law and what is the relationship of law and morality: this gave us two answers to the big theoretical question: specifically, how is the institution that governs behaviour connected to morality. Aristotle and aquinas said that law is justice. Law stands in the closest conceptual relationship to morality, or else it isn"t law: we had the notion that law had to be close as coming from morality as well as from a transcendent being (god) Utilitarians said that there is no necessary relationship between law and morality. Rather, law is whatever is on the books providing it came into existence in accordance to criteria mandated by the state: this debate (natural law v. legal positivism) still continues today. After wwii there was a movement back to natural law theory. The two secular natural law theorists were fuller and.