LJM Exam Notes
LJM Exam Notes
LJM Exam Notes
HE SPELUNCEAN EXPLOREMS
Fuller
#Natural law -
Booken
social contract
is state
of nature-laws unapplicable, now
is
retrospective judging
*What is who determines emisoned law? -
relativity
entainty
③
byat
#) Legal positivism -
Kee
applying the
1) law
2)
judges shouldn't thouse/enate laws (lginators should
lyal entainty, and of Law,as politica
-
-law repenaked
from morality
formality, procedure -necessary for
-
law
*no
opening for fundamentally unjust law
·
#) Legal realism -
Handy
1 instrumental aspect of law ->
good societalgoals, justice legalism)
2) personal opinion rulemant for
public & escal justice (inhlnance abstract
of
-non-lyel factors unaccepted law is
->
no law
relativity of justice
*
public opinion
-
PutHarken Care
i retractivepunishment regarding unjust (Nabil law
R: Crime against
humanity-minder
A: Naxi Leged system-imialia -
Putenken giving
Counts who
bottig upto
the pentance ->
abitiary powente accomplice
gave guilty of murder
C: ntractive punishment applied
are
Natural law-Radbruet
-
prove
they gated, even fore analown, they had to pay it all back, paunts and,
lost all cases
soctrine of duty
->
consequentialism: action that has the best Cownall) consequences is the best
-> I is intimically valuable duty to maximize
-
Utilitarianism -
Bentham
↳ the
greatest happiness for the greatest number
-o
↳
hedonistic (oused on please I pain: intensity, denotion, entainty,
"everybody
Y
->
count for one and nobody for
to more than one closeness,
-
choosing unhappiness leadsto happiness others (martyrs) in
I
do you would
as be done by, own happiness good whole
-
one
-ham principle:
pursuit of happiness without interferingwith others
irrelevant
the motive separate from
morality:
internations
->
are
Counter-agaments
1) Happiness
↳
illusionary life (fool's paradise an ugly truth?)
↳
goces on
preferences/desires (after -
death achievements)
↳does happiness give
ultimate value to our lives?
2) Schizoid: intered contradictions
↳
only mandatory action maximize appiness and moral are
↳
partialities (lawyn to client, docker to patient) are
justified because
of bertresult
↳ not
appliable in extreme situations
(there still shouldn't be
any explanation for saving
the mother
I
Singer
Assumptions
1.
Suffering and death from lack of food, shaker, medical one one bed
2.
Refers and for take
proximity and distance into account
Main Take
-
if it is in on
some
to present something bad from happening,
without sacrificing else to do it
anything morally significant, we
ought
give money away and it not
-we ought to is to do so
wrong
-not
superogatory
Angements
-too drastic moral scheme
revision
of
↳ moral standards can
change the decisions we make
2
presenting suffering without sacrificing something of comparable ruded
importance
-> the best to this end
means
money is
the more
people one involved, the less
likely the got. is to be involved
got. Would think people disinterested
↳x
if peopleuninvolved, the
one one
↳x
supporting population control/other there
I how much to
give
away reached
-
case: until
Ostrory marginal utility is
Vill
happine-freedom of being, liberty of,concience, oftastes, prouts,tounite
-
even
himself, the individual (except children, other cultures)
-
is sonneign
-
↳truth achieved as a
of debate
result
↳no peedom of speech: assumption of invaliability, absolute ontarity(impossible)
2) statement is false: marketplace of ideas-> lead
totruth
true:
justifying truth through rebuttal of opposition
↳ lack of rebuttal: dead dogma
constant discussion: lising truth
-individuality
acting ponown's opinion charm principle)
↳
a
maturity of gacuties
Waldron exon accepts the name
principle of justice
-
C
an
through
recognition ought to be equal
-
assurance
-
intentioned infliction
of emotional distress in aak ilinability-riebity
C:hake speech fabidden
AEONTOLOGY
scontology
-science of duty
->
duty independent from empiric
-justification of intuitions (non-revisionist)
-
not
supane principle
depended
a set
+
achieve
hippiness
the Groundwork
on the
Metaphysics of Morals
A Backwards
#) Movement only in
-
what is good -> how to achieve this good- law for achievement a
national
beings
1) Good absolutely, intrinsically good independent of consequences
will:
2) Duty: expressed only in extegorical imperatives
-
people aren't naturally endowed with
good will
-
good will reveals itself under duty
->
only actions taken "out
of duty" have moral worth
3) Law
imperatives
all previous to achieve good (happiness)
-
on a mean a
Hypothetical imperatives -
end as an
Cakegorical imperative: inspective of beliefs, wants, objective of will
1) Universal law motise
-
maxim: In situation X, I day in order to achieve E
unirenalization:
->
evayone follows the maxim
mile it be acted the unirenalized condition
maxim
if
->
in
upon
can
contradiction in
indifference example (people aren't self efficient)
the will:
Criticism
it bitten: taking pleasure out from all acts in order to be mold
-
desires shouldn't be the
only motive, desire and duty can sexist
2) No toppiness: acting messally down' led to happiness
leases for Cappines
*
room
life
R"Ant.3 ECHR (Pnshibition offatue), At.6/nightto a faintud)
A: that of Fortune is inhuman treatment no matter the benefits-Art.3 sideled
fial based on Art. not violated
new
confession
-
teleology
-
the
right purpose (phaxis purpose in
-
by pumption knowing -
deficiency & education&
abits
-
excess
experience
-
-
rintnoes
by
well-being doing oitnous action
-
3) Last exception
-beeingit is
good; it wrong -> 2)
Judges excellence
-
a just judge is
prudent ->
preond
judicial pendence: finding the middle in relation to two parties
-
relativeto circumstances
dialectical
activity: inrulation to well-being,
-
Jintue Ethics
Evaluation a
scontology
Aim
happiness (realisation of potential) good will
Means
prukence categoried imperative
Question now to liveaccomplished life?
an What ought I do?
Freedom autoonky(develop social life)
in
autonomy (non-hitermoving)
Relevance ->
Nussbourn
as in a
muit, professionalism
allows emotion
prudence: in
judging
-
Nussbarr
perception
↓
Lesbian
-
in
I contextual
feature of deliberation, interpretation
Angements griendship (friend particular)
love a as
no
justice, peace
no
justice -
fairness as
a
social institutions
distribute Y
& duties
people not intented inemocal, but in the Good
life j rights
-
are
focus
-
to
everyone accepts & knows
exagone
else
accept the principles of justice
name
ideal
they strict compliance) guide for practical situations for its
-
as a own make
Assumptions
-plenotism (one doctrine isn't enough)
-moral
powers: resonableness & of justice
sense
↳ The
difference principle, distribution especially least disadvantaged
-
epone teaches
-
conclusion&
name principles known
has seven
judgment
N obick
distributive right to wet
ownerships
-
justice I
-nights so important that stake cannot interfere with minimal nights
↳minimal stake, ather stake approach is
↳
unjustified
free maket
atmosreturn
may
the entitlement
among manat dietsbukalent
Continuous
Yes
-
justice in
holding I
-
from each as
they choose, teach on theyare chosen
↳
people
should choose feely who they give thing to
titlement
to
exed
- en
1. The principle of justice aquisition Locke's theory of aquisition
in -
mixing laborn with unowned object thing whose valve helas ceded
-
an -> own a
↳ until
appropriation it women the situation
of other
The principle
of justice transfer
2. in
-
whatever arises
from a
just situation by just steps is itself just historical
-
&Meview
action wit
-
Legal basis
1. Anticle 162 sook 6
of Dutch Civil 2 (Sec. 2)
claims fast: order to present impendingout (injunction)
of insponding
->
2) ECHR(Art2,8,13) -
Agreement, UNFCCC
-
Paris
Rulings
1. Sistrict Count
-
"stake has
duty to come to take
mitigation measure", the state should do more
Anticle 162,
only reference to Eate
-
2. Count
of Appeal
Eete, does not ufer to Article 162
-
S. Count
Supreme
C-appeal: incorrect appliance of law, precedence crises, judgement incomprehu)
-
ECHR
-
-each
country has
responsability for own here
reduction; at least 25%
by 2020
-
politics
↳uphelding the rule
of Law
state still putiols meanines, legislation
IRAC
insufficient both
state's limit -
C. Stake should reduce mission by at least 25% -> exents should inEnsome
(in exceptional situations)
Discussion
environment legal person
-
on a
duty of companies
Shell Cam
-interest of future generations taken into account
1: should companies liable for this emissions?
be
Arndt
~
the nights of Man-insufficient, unenforceableto stoless people
switchfrom spinitual (ut.) ↑a political rights, minority-menked
↳
-
stateless people
(Jews WW2] in
↳ without
got, authority left to protect,
no no institutionto guarantes rights
↳x loss of national
rights loss of human rights
-
↳ not because
of actions, because of what they were
↳deprived of the right to
action, to opinion,for residence
↳ alntractivenors of the human
being-nothing card, no value
↳ The
dieple uniqueness in
innignificant (penadox) "
↳not that they are
pressed but that nobody wants even to
epics them
citizenship (the artifice
nights-generating human
-
as
↳humanity as
citizenship (entirely organized humanity-> fatness expulsion -
↳
gises the right to
have rights from humanity)
through agamization
↳
wrong idea of equality
new
rights should remain solid even if human
being existed
-
one
Achiume
-economics migration had for grd w., s
-
easy for
-
I w
-
citizenship Cudistributive
as
justice & restorative justice
for current & past-opression, ought to be enabled
↳ oolution
4
equality of opportunity
-
C:
yes,
stakes can return migrants
RACE IN LIBERALISM
Kleinfeld -
Kant
universal moral
equality except for women & non-whites
-
tensions
↳ sexism: innate
right to freedom-womanitarise citizens
racial
himoncy& slary:Formula of ends itself in
positions
-
1. Inconsistent
egalitarian only principle, without views
-
3. Third position -
inclusion of racism & rexism
Wills
vacial in liberal thedy
oppression
-
social contract -
eccentrism
↳ idealized
history (wetphalia but colonialism) no
race is about
he
practical worth don't duct social discrimination
-
-
race is part
-seeks remedies for social injustices
-
Zwente Pet
Wekken
case in against
the > Pack Piet the mayor's
responsibility, not the cents
-
Legal status
political membership equal political rights (passport, residency)
-
>
-
Broode attitude
-
↳
bytimacy of liberal dim.
principles
of taken to
↳ the
right make admission decisions
an
Animal rights
Klymlicka & Sonaldson
-
layers of atizenship
↳
membership model: seperation, that, physical proximity, communication
political participation/rational reflection: only value, not niterion
↳
duties: civility
for so-antizens, contribution
extra
effectsshould be taken for this interpation spenticipation,communication)
-
wild different
*
animals?
types of
humans still opinion
JUSTICE IFTEW
Controveniality
-
democratic insure
-
constitution: hand to
change - indeterminate
Infavour
-protection of minorities against tyromy of majority (Brown 1.
Board)
guarantee of fundamental rights for edum. society
-
insufficient
↳
lgiolatine is
Agarnet
-
against stake -
Europe
-
Post-ww
: contrained
democracy, constitutional counts, ECHR
-
Waldron-ae core -
answer
-sents
only apply the law
↳rights indeterminate-determining rights is politically loaded
one
is
unequal participation insufficient: the judges make the decisions
-
2. Outcome-related -
unclion that cents will make better decisions
L
reasons aren't decisive (haddum. -
good outcome)
does a
decision-making places led
a
good outcomes?
legislatives: deliberation, respect for differences
-
individualcase
prime count analyses general nee
can on
Respons
-
counts can chuck reasonableness of legislation
-judicial review leads to better outcomes (as an extra-check)
-
intrinsic room
avrtion intectedtoned
shot
C. in a dome,
way,
not
by out
the