[CJS 102] - Midterm Exam Guide - Comprehensive Notes for the exam (25 pages long!)

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7 Feb 2017
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CJS 102
MIDTERM EXAM
STUDY GUIDE
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Philosophical Perspective
Christianity changed from tolerant
Iliad=revenge
o Revenge and punishment before Testament was formed
Plato
o “you punish to instruct”
o 100 years before Christ
Aristotle
o Distributive” punishment because they deserve it VS. to make things right again
o Such as suing someone
Thomas Aquinas was a Catholic priest
o 200 years after natural law
John Stuart Mill
o Utilitarian
John Rauls
o Treating people fairly
o Justice as fairness
Justice and the State
Divine Right of Kings
o Whatever they said, went operating under the “King
Machiavelli the Prince
o “God doesn’t equal nothing
o People can be manipulative
Trick people
Social Contract
o Agree to get along
o Cooperating
Nature of Law
Positivism
o Law comes from people with power
Sociological Jurisprudence
o Problems can be solved
Cellphones and laws about privacy
o Laws are created
Natural Law VS Rational Law
Natural
Rational
Universal (applies to all societies)
Made up laws applied to specific situations
Accountable to higher authority
Society is responsible
Pushes limits on political power
Political basis
No moral
Morally component
Social Justice
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Most modern
Focuses on classes of people
o Race, religion, gender
Negative Rights
Limits on the Government
Bill of Rights can’t interfere
Positive Rights
Entitled to expand power of government
Universal Declaration of Human Rights by United Nations
Justice and Economics
o Gap between rich and power growing
Justice and Gender, Justice and Race, Justice and Environment
o Trafficking in rhino horns or tiger hides
Themes
Egalitarian
o Groups they are in
Member
o Part of the group treated differently
Time
o What happened bring different times
Scope
o Includes environment and animals
Extra Facts
Law passed about the unable to arrest for committing acts with marijuana
Threatening to kill is not freedom of speech
o Artistic expression debate over lyrics
ACLU
o Government enforce Bill of Rights and mind their own business
Defending freedom of speech for the KKK
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