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4 features of law - jan 7th.docx

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PHIL 2050
Michael Gregg

4 features of law, which give, rise to philosophical questions: i) Law Is filled with abstract concepts in need of explanations (rules, obligations, freedom etc… ii) Law involves practices of argumentation iii) Law often attempts to articulate fundamental values iv) Law is morally significant; it affects our interest in important ways Autonomy (auto + nomos = self-ruling)  (Ability to make choices) positive freedom and carry out those choices (negative freedom)  Freedom to revise our plans. Liberal democracies attempt to make the value of autonomy prominent by recognizing various freedoms and liberties in their constitutions:  Freedom off expressions, freedom of thought  Freedom of movement, freedom of religion  Freedom of association etc… Why might autonomy be valuable? i) Epistemological argument: a. We find happiness in various ways b. We are not good judges of what will make others happy nor are we generally good guardians of other persons best interest ii) Practical argument: a. As Mill
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