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SOSC 2350 Note 5.docx

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Department
Social Science
Course
SOSC 2350
Professor
Dena Demos
Semester
Fall

Description
SOSC 2350 Note 5 Rule of lawThree influential works o Lockes Second treatise o Montesquieu spirit of laws o Federalist Papers Hobbesian Thought o Up at the top is the sovereign ruler o Human beings are reckless creatures being inclined towards disorder rivalry discord and chaos o Under social contract all individuals cede their natural rights for the sake of protection o Order and Civility are the effect of subjection to the sovereign o The sovereign is not subject to legal limitationThe creator of the law cannot be limited to that same law it can be altered as willRejected separation of powers as this would generate conflict within the divided sovereign handicapping its ability to preserve social orderRule of Law and Liberal Systems o Political liberalism human society should be organized in accordance with Certain unchangeable and individuals and inviolable rightsRights to life liberty and property tho 17 century liberalism opposed absolute monarchism Hobbesian sovereignFree individuals could form a stable society through self governmentThis government would be accorded the power to make execute and apply laws for the public goodIts responsibility to one another to create a society that will allow the freedom and fulfillment of individuals It will allow freedom for individuals to succeedThe laws are only there to ensure that abuse doesnt ensueLockes thinking o Humans are guided by reason and governed by natural lawsNatural law law is a reflection of the moral order o One must preserve oneself and not harm others in their enjoyment of health liberty and possessions o Free to pursue our own vision of the good o For Locke who sees the relationship between law and morality he thinks we will come to the creations of good law we will come to the creation of a good societyThey will guide gently along the wayHe assumes were going to preserve ourselves unless they infringe of freedoms and happiness of others
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