(updated 4/26/2016)
1. A Shocking Crime
http://abcnews.go.com/US/police-jailed-woman-orchestrate-murder-hire-plot/story?id=22355101
What happened?
Consider the ethical rule:
It is unethical to contribute to a wrongful death
How does this apply here?
How does it impact her?
What is the deontological view of this ethical rule?
What is the utilitarian view of the rule?
Consider the murder law at issue here
It implements the ethical rule
Does it do that perfectly?
If you were on the jury, how would you vote?
If you were a good defense lawyer:
would you want deontologists
or
consequentialists on the jury?
If you were a good prosecuting attorney:
would you want deontologists
or
consequentialists on the jury?
Have you ever been on a jury?
.
.
2. Some Examples of Laws
Laws about cars
Laws about homicide
Laws about copyright
Rules about plagiarism(?)
Is there a difference between a rule and a law?
If so, what?
Law: 30 mph speed limit
Rule but not law?
40 mph “real” speed limit…
…if 30 mph stated limit…
…and 10 mph assumed leeway
Rule but not law: don’t slouch
Both law and rule: many, many examples (such as?)
If all laws are rules, and some rules are laws, then which is a subset of which?
.
.
.
.
.
.
(Review) So, what is a law?
“Law is not the only
normative domain
in our culture;
morality,
religion,
social conventions,
etiquette,
and so on,
also guide human conduct
in many ways
which are
similar to law.” -SEP
SEP?
(Review) Two major theories
Ref: A. Marmor,
“The Nature of Law”,
The Stanford Encyclopedia of Philosophy
http://plato.stanford.edu/entries/lawphil-nature/
Laws can be legitimate or not (obviously?)
Why is a law legitimate (or not)?
Two theories:
1. “Legal Positivism” theory
Legitimate laws reflect
socially defined rules
2. “Natural Law” theory
Laws must meet ethical standards
St. Augustine:
“lex iniusta non est lex”
Can you guess any words?
.
.
.
.
.
.
.
.
“lex iniusta non est lex”
(“law unjust not is law”)
((“unjust law is not law”))
Filed under: Uncategorized | 2 Comments »