exam 2 ch. 3&4 Flashcards
What was the divine right of kings?
Remnants of the old world. To challenge the king, he must challenge god.The king was thought to act under the guidance of god, and as a representative of God the monarch had considerable leeway to draw the lines of justice
In his book The Prince Machiavelli outlines his views of justice and the state. What are his views on rulers and the people who are ruled?
He longed for a ruler who would bring order, stability, and unity. Rulers should achieve power by force
The state and its ruler are more important than the people who make up the state
What was the Hobbes’s view of the social contract, as outlined in his book Levithan?
A social contract as needed to protect humans for themselves
According to John Locke, what is the function or purpose of government?
He said a social contract was needed to protect a mans property and the fruits of his labor. This is why he needed government. Government could acknowledge and enforce these natural rights the political authority is instituted by contract
What is natural law?
Natural law a system of rules and principles of human conduct that were independent of enacted law of the systems particular to one people
Positivism?
people advocating the school of thought felt that law came from those in power
Sociological jurisprudence?
believe the changing conditions altered the law no matter who was in power
Libertarians?
those who place the highest values on liberty even at the expense of quality, people over material items
Egalitarians?
regard equality of conditions as the supreme value and are willing to achieve this by infringing upon to liberty of others, hope to maximize equality of conditions (poverty, housing, privilege) even if the individual liberty has to be scarified
How is modern war different from wars of the distant past?
Past- early was were localized to competing armies or navies; ordinary citizens were largely left alone
- Solider were a professional class who were often not even emotionally attached to the nation for whom they were fighting for
- Sometimes wars took on religious overtones
Modern- more ordinary citizens who had an emotional interest entered that war versus the old soldiers who did not care
- Become more mechanized and lethal with tanks, artillery, and bombs
What does the just war doctrine say about preventative war, prisoners of war, and the treatment of the defeated after the war has ended?
Preventative war- going to war early, doctrine says this is wrong
Prisoners of war- proper prisoner of was campus and appropriate humane care need to be established
Treatment of defeated- forgiveness
What is the difference between the crime control and due process models of criminal justice?
Crime control- believe that a major problem of modern society is crime. Victims of crime are of the most concern. Efficiency overtakes fairness
Due process- these people feel that along with criminals, the justice system itself is a potential threat to justice
- While efficiency is a good thing, too much efficiency might define a police state in which citizen have no rights
What are the utilitarian and retributivism justifications for punishment?
Utilitarian- society should determine the amount of punishment based upon a cost/benefits analysis of suffering inflicted versus social gains achieved
Retributivism- alternative to utilitarianism. Those guilty of crimes need to be punished because they deserve to be punished. The idea that the punishment inflicted should be in proportion to the severity of the offense.
What is the focus of social justice?
Social justice focuses on the redistribution of resources to ensure fairness in meeting the basic needs of people, has to do with society’s benefits and burdens
Negative rights?
seek to protect individuals from others interfering with their efforts to build a future of their choice
