CRM/LAW C10 Lecture Notes - Lecture 5: Immanuel Kant, Judicial Activism, Serfdom
Document Summary
Case law/judicial precedent: interpretation of other laws, common law created solely by precedent. Administrative law (i. e. epa issuing new rules, irs new rulings) Executive actions?? (has effect of law, kind of law: when you write your paper, identify the type of law. What are the powers of congress? (article 1 section 8) Tea party/constitutionalist narrative: liberal judicial activism leading to. Progressive narrative: living constitution protecting against. Social contract theory (in order to form political union in government, citizens of country can come into agreement of how it should be run) (cid:1) (cid:1) (cid:1) (cid:1) (cid:1) (cid:1) (cid:1) (cid:1) (cid:1) (cid:1) (cid:1) (cid:1) (cid:1) (cid:1) It is wrong to treat them as mere instruments of the collective happiness. Morality is not about maximizing happiness or any other end; it is about respecting persons as ends in themselves. Kant is a libertarian with a twist- he sees the buying and selling in the market as satisfying desires we haven"t chosen to have.