PHL Study Note.docx

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University of Toronto Mississauga
Luke Gelinas

PHL Study NoteShort Answer 1 Eternal law a According to Aquinas Eternal law is the idea that God governs the universe through physical laws moral laws and revealed religious laws Eternal law is made up of natural law human law and divine law Natural law moral is part of the eternal law that applies to human choices and can be known by our natural reason Human law civil is the idea that we created our own laws in order to apply he natural law to the specific circumstances of our society Divine law biblical is the idea that in the bible god reveals a special law to guide us to our supernatural end of eternal happiness with Him2 State of nature a According to Hobbes the state of nature is the imaginary condition of humankind before we join together to form political communities What life would be life without government Hobbes believes it would become a state of war or a state of all against all See as poor and short It is bad because people are seen to have no morals3 Interpretive theory of law a DworkinPositive lawfull law set of principles of political morality that take together provide the best interpretation of the positive law legal rights and duties are determined by the scheme of principle that provides the best justification of certain political practices of a community a scheme identifiable through an interpretation of the practices that is sensitive both to the facts of the practices and to the values or principles that the practices serve 4 Civil disobedience a When it comes to problems of unjust laws 1 of the view is that we are permitted to break unjust laws in ways that show respect for the rule of law generally and minimize bad consequences of law breaking Civil disobedience is conscientiousmoral concern for justice and best interest of society It is about bringing changeconcern for good of society It is publicpublicizes it to draw attention to practices that are unjust It is nonviolentminimizes negative effects It is done by people willing to accept punishmentgeneral respect for rule of law5 Problems of unjust laws a Are we permitted to break unjust laws 3 views 1 We are never permittedhobbesplatowe are in an agreement with the state not justified to risk return to state of nature Usually have worse consequencesproblem what if injustice is bad and do we really need to accept what the state says 2 We are permitted to break unjust laws at will with no regard how its done anarchist unjust law is no law at all does not command respect But a problem with this is we might be wrong 3 In a way that shows respectcivil disobedience
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