HUMA 1825 Lecture Notes - Totalitarianism, Social Contract, Justice As Fairness
Document Summary
Third segment of the course on civil disobedience and moral objections to the law; materials thereof. The theory has as its context a liberal democratic state only. The theory does not apply in a totalitarian dictatorial regime. Conceptual obligation comes from the legality of the law (not its moral content). Consequentialist to avoid dangerous social consequences. Contractual obligation comes from a pre-existing social contract. John locke (1632 1704) second treatise on civil government. Theories of obligation and legal theories (natural law, Note that there is no simple correspondence between theories of obligation and the two major theories of law that we have examined: natural law and legal positivism. The problem of how the nature of law relates to the source of the obligation to obey the law remains unresolved in contemporary jurisprudence. Social contract theory and john rawls: a theory of justice.
