Module 3 Jurisprudence

Question 1

Juris Prudence

Answer 1

practical wisdom or common sense, a system or body of law

Question 2

4 jurisprudential Schools

Answer 2

• Historical-law expresses experience of the people
• Realist-law should do the greatest good for the greatest amount of people
• Positivist-social contract, Thomas Hobbes said “life is nasty brutish and short”. Gives up freedom for security. Concerned with self preservation
• Natural law-“an ordering of reason promulgated by the person in charge of a community for the common good”

Question 3

Law

Answer 3

an ordering of reason, promulgated by the person in charge of the community, for the common good(Aquinas)

Question 4

Characteristics of Law(Aquinas)

Answer 4

• All laws must (should) be reasonable
• All laws must (should) be publicly disclosed
• All laws must(should) issue from someone with authority
• All laws must (should) be for common good, not for self interest

Question 5

Aquinas Types of laws

Answer 5

• Eternal law-god’s providential ordering of natures to their ends
• Divine law-for Christians it would be ten commandments, how god’s work is revealed
• Natural law-inner voice/part of nature as a human
• Human law-laws enacted by human political entities. “Positive or enacted laws” should never violate natural law

Question 6

Defining what a “Person”/human is

Answer 6

• Boethius-“person is an individual substance of a rational nature”

o Individual-each being is distinct
o Substance-unified being
o Nature-kind of being
o Rational-acquire and use knowledge/make choices

• Person is a moral category which deserves protection by having an intrinsic dignity.

o All humans are persons, not all persons are human

Question 7

English Common Law(Blackstone)-

Answer 7

empties natural law of its theological content speaks instead of pursuit of happiness

• Sacred and inviolable and changed to unalienable

Question 8

Ways to think about natural law in a rational context (3 roots of law)

Answer 8

1. the foundation of human law (posited) is moral law
2. the foundation of moral law is conformance with the design (natural law end directedness) of the created order
3. the foundation of created order is the creator(god)

Question 9

What happens when human law is separated from its moral foundations?

Answer 9

1. Human law when severed from its law moral basis becomes tyranny
2. Ethics separated from the natural law of the created order is chaos
3. Focusing on creation, and ignoring the creator is idolatry