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Philosophical Influences on Canadian Law
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PLATO ( BCE) Plato thought that the ideal ruler of society would be a “philosopher king,” He then realized that it would be hard to find such a leader so there needed to be laws.
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ARISTOTLE ( BCE) If people were unequal than they deserved unequal shares of wealth People needed representation
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EPICURUS (341-348 BCE) Everyone deserves to be happy
Happiness is different for all, therefore laws needed to be put into place.
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CICERO (106-43 BCE) Opposed to dictatorship (Caesar)
Established justice, equality & fairness in all law Agreed with Aristotle that there should be people representing the public
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Into to Noam Chomsky 7:33 Part 1
JUSTINIAN ( BCE) Established Roman Law Wanted people to be born “free” People could not be bought from one another Into to Noam Chomsky 7:33 Part 1
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SAINT AUGUSTIAN (354-430 BCE)
Strong believer in God’s law “The only perfect law is Eternal law, God’s law.
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THOMAS AQUINAS (1225-1274) Law should be for the common good
Didn’t believe laws made people good
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THOMAS HOBBES (1588-1679) Atheist Humans are animals
Wanted to protect life, property by social contracts Avoiding the idea of natural law Justice is dependant on people’s obedience
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JOHN LOCKE (1632-1704) Individual rights
Need for limits on the power of the state Protect against arbitrary acts of others interfering with freedom
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JEAN-JACQUES ROUSSEAU (1712-1778)
Government should make decisions according to the general will of the people Encouraged helping others
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JEREMY BENTHAM ( ) Laws should be based on more than good morals Law is social control “the greatest good for the greatest number” Chomsky Part 2 8:39
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JOHN AUSTIN (1790-1859) Supporter of positive law
Ethics/Morality should play no part in making a law good or bad Legal norms decide whether a person is just or unjust
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JOHN STUART MILL ( ) Laws should be useful in the functioning of society Utilitarianism Emancipation of women, labor unions Free speech
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Why People Hate Americans 4:09
Modern Philosophers Why People Hate Americans 4:09
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H.L.A. HART (1907-1992) Judges should be flexible in circumstances
Two levels of law Primary (what individuals must/must not do) Secondary (how primary rules are defined and how they can removed, changed, enforced & applied
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JOHN RAWLS (1921-) “Justice is fairness``
Legal system should strive towards ideal Everyone should be given the same opportunities in legal system
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RICHARD A. POSNER (1939-) Law should reflect economic realities
Laws should be assessed on their effectiveness
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NOAM CHOMSKY (1948-) Law is power Elite class makes true decisions
The law works for those in power The media is very influential on laws Human Destiny 3:51 Why People Hate Americans 4:09 Into to Noam Chomsky 7:33 Part 1 Chomsky Part 2 8:39
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