LEGAL PHILOSOPHY & THE PHILOSOPHERS Flashcards
THOMAS HOBES DEFINITION OF LAW
humans in their original state lived w/o rules. Individuals are slaves to desire & self-interest as everyone does as they please so life is short & savage. W/o laws, people destroy themselves
JOHN LOCKE PHILOSOPHY
humans are governed by reason & live good stables lives. Bc life is uncertain, fixed & generally ascertainable rules, which are impartially applied, is needed to resolve disputes
JOHN RAWLES THEORY OF JUSTICE
used a hypothetical position of the parties to the social contract behind a veil of ignorance to explain acceptance of a just society. Behind the veil everyone is ignorant of their specific position in society, unaware of their own circumstances