Part D

Question 1

Explain Platos’ Theory

Answer 1

• All laws should reflect certain universal, absolute, and eternal truths and virtues.
• Plato believed that humans could never fully achieve these truths, but that their laws nevertheless should attempt to do so.
• Plato believed that it is worse to commit an injustice than to suffer one and be punished because an injustice destroys one’s soul.
• “It is worse to do something inherently wrong than have something inherently wrong be done to you. At least your soul will be intact by the ladder.”
• Natural law

Question 2

Explain Aristotles’ Theory

Answer 2

• Natural Law
• He is the founder of contemporary thinking about natural law; Aristotle believed, unlike Plato, that justice is within the grasp of humans.
• Since all humans have a brain and the capacity to reason, they can recognize their own nature (the laws of god) and create laws that are suitable for them.
• “Equals should be treated equally according to their degree of equality and their use of reason.”

Question 3

Explain Ciceros’ Theory

Answer 3

• Natural Law
• He is the first natural law theorist to propose civil disobedience, to force lawmakers to reform laws that were in conflict with the laws of nature.
• human laws should be disobeyed in the minds of “ wise and intelligent men” if they come into conflict with natural law.
• “Public power not used for peace, security, and public welfare according to God should invoke revolt.”

Question 4

Explain St. Thomas Aquinas’ Theory

Answer 4

• Natural Law
• He believed laws were created by the natural world, and were known to humans through 1) the process of reasoning and 2) the divine revelation through Christian prophets.
• He believed that rights were not created by human laws and he was a major influence of the development of modern human rights theory.
• “True revelation is discovered through the works of scripture”

Question 5

Explain Benthams’ Theory

Answer 5

• Positive Law theorist
  An authoritative body exists which hands down laws
  The people obey these laws.
  Law is handed down in the form of statues
• Positive Law theorist
  Laws can be handed down by the courts in the form of judgment and precedent
  Law is formulated to provide the most gratification to the greatest number of people.
  Law is enforced through mechanisms of sanctions and penalties.

Question 6

Explain John Austins’ Theory

Answer 6

• Positive Law
• Laws must formulate a good standard for human conduct
• Laws must have a function in society.
• Morality has no place in law making
• Laws are not based on their qualities but by their purpose in regulating and controling society

Question 7

Explain Thomas Hobbes’ Theory

Answer 7

• Positive Law
• “brutish solitary, and nasty in which our personal property, safety and rights would be threatened”

Question 8

Explain Saint Augustines’ Theory

Answer 8

• Positive Law
• “Perfect law is God’s law”
• The church had a moral duty and authority to check the abuses of government and to exercise moral veto over its actions. Meaning that it was the church opinion on the government that mattered, they had the final say on laws and such.
• “Church Law”

Question 9

Explain Mills’ Theory

Answer 9

• Positive Law
• English philosopher and justice was designed around the philosophy of utilitarianism - Measures that benefit more people than they hurt, law should serve this function (clearly pastiche law) freedom requires people to exercise their judgment, and to accept its consequences because he believed men are prompted to do good internally.
• “Individual freedom”