Midterm Rev Part 3 Flashcards
Eternal law
First and highest kind of law= eternal law= gods law , not directly accessible to human beings, only indirectly . this would be impossible for us as humans to understand.
Idea of God’s law is ambiguous, with many interpretations.
1st voluntarism (about will)(Luther, Hobbes)(More Protestant)
1nd rationalism (about reason)(Aquinas, Kant) (more Catholic)
Divine law
law from revelation (prophets, scripture, priests ext)
They have special communication with God
Decalogue (10 commandments)
Natural law-
Known by reason ( cosmological ex its to know the source) preserve mankind
Not to kill/steal (why do they sound like the divine law) its not about the content, the question is how do u get access to it (above is revelation) through reason is more complicated
U need God (how do you know there is God) God has a certain nature, creator
U and the universe have similarities, observe and draw inferences
We can infer what he wants us to do, that gives us natural law (we look at the trail of crumbs that God has left behind, our desires, nature itself)
Human law
Laws created by humans come from revelation and reason
Deists don’t believe in
Divine law
Voluntarism (will) (Protestant) don’t believe much in
Reason aka natural law but they do believe the rest
Aquinas says lean on
Divine law over reason if needed
Locke says lean on
Natural law over divine law if necessary
Euthyphro Dilemma
Is something good merely because God wills it, or does God will things precisely because they are good.
*merely is important difference between them *
God’s will is good because by definition the source is good aka God
What r the implications of that, God opens up the sky and murder is good
So we would then celebrate and find them good
Buchanan- 2 stage social contract
A-b state is established and property in persons and possessions is delimited and protected.
B-c
citizens give up certain private goods (by way of taxes) in return for the production of jointly consumable goods
Contracts will reflect unequal bargaining positions from the state of nature
Buchanan on the state of nature
f anarchic and exploitative competition, with predators preying upon producers—like Kurosawa’s Seven Samurai, writ large (bandits v. farmers); hence, varied tradeoffs of commodious living v. bodily security.
Civil liberties
unremittingly bourgeois: “the Liberty to buy, and sell, and otherwise contract with one another; to choose
their own aboad, their own diet