Natural law prevailed in the Garden of Eden but, since then, we are now bound by sin and positive law.
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Grotius
Nations were subject to natural law - this would prevail even if the state did not believe in God nor care for the lives of humans.
2 of 18
Charles Louis de Secondat
Argued that natural laws were pre-social and superior to those of the state.
3 of 18
Kant and Bentham
Nature cannoy be used as the source of moral and legal norms - positive laws were of more value to society.
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A.V. Dicey
Believed in the principle of the Rule of law and the rights of individuals being determined by legal rules and not the arbitrary behaviour of authorities. Everyone was subject to the law and equal in its eyes.
5 of 18
Hegel
Punishment of crime should aim to restore the victim to their proper place in society. If this is not done, then wrong is treated as right. Punishment needs to be objective, universal and mediated.
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Kant
He believed that it was wrong to punish for utilitarian reasons - guilt must be a requirement or else justice and equality (which are the foundations of law) will not have been served.
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Walzer
He dismissed the view that justices should be applied in equal measure to all things. He thought that different rules should apply to different areas of justice (i.e. wealth, income, society etc.)
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Devlin
He was of the opinion that law had no business getting involved in an individual's private acts that harmed no one else. he believed that law should be based on the moral values of the average citizen which he referred to as consensus law.
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Hobbes
Suggested that citizens have an absolute obligation to obey political obligation regardless of the behaviour of the government. Said citizens had an obligation but the state did not.
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Burke
Saw society as an organic living entity and that each part of society is inextricably linked to one another and in a delicate state of balance. Obligation to the state was required to maintain order.
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Plato
Citizens makes a promise to obey the state by actually choosing to remain in that state.
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De Maistre
Opposed political obligationas he saw it as dangerous - he believed that politics was based on the complete subordination to 'the master' and was of the opinion that society would collapse if it were not bound together.
13 of 18
Marx
He believed that political obligation was part of the delusion to try and ensure that the proletariat remained exploited in the capitalist system.
14 of 18
Socrates
Held that it was wrong to harm another person (phsyically or psychologically) no matter what injury they may have inflicted upon you. Therefore, civil disobedience should not be allowed.
15 of 18
Thoreau
Said that people should not allow government's to overrule their conscience and that we have a duty to topple unjust governments to make them agents of justice.
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Gandhi
Developed the philosophy of Satyagraha which is a term used to describe non-violent resistance. He aimed to make opponents see the error of their ways through sympathy and patience.
17 of 18
Martin Luther King
He was heavily influenced by Thoreau and Gandhi and used their ideas as the central principle for the civil rights movement.
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Other cards in this set
Card 2
Front
Nations were subject to natural law - this would prevail even if the state did not believe in God nor care for the lives of humans.
Back
Grotius
Card 3
Front
Argued that natural laws were pre-social and superior to those of the state.
Back
Card 4
Front
Nature cannoy be used as the source of moral and legal norms - positive laws were of more value to society.
Back
Card 5
Front
Believed in the principle of the Rule of law and the rights of individuals being determined by legal rules and not the arbitrary behaviour of authorities. Everyone was subject to the law and equal in its eyes.
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