LJM Exam Notes

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*

HE SPELUNCEAN EXPLOREMS

Fuller
#Natural law -

Booken
social contract
is state
of nature-laws unapplicable, now

2) celtorce) cannot be achieved


purpose of
law

-universed, justice eniented law that overales written law


-

-judges should apply natural law giventhe case


unjust law not law
-

is

retrospective judging
*What is who determines emisoned law? -

relativity
entainty

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
·

impossibility of pure application oflaw (interputation,human factor)

#) 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

law is what judges do


"Igal entainty -

relativity of justice
*
public opinion
-

volatife, unjust (essents protect against public opinion)


LEGAL POSITIVISM INATURAL LAW

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

Legal positivism Hant


-

-unjust law is law, too unjust to


apply
unjust law has essential eye characteristics that mustn't be overlooked
-hulla
puna some lage: a punishment
In without law
lyal principles should be violated for the greaker good
-

written down that the principles violated inthis exceptional case


*

are

Natural law-Radbruet
-

unjust law is not law


I
equality -
the one
of justice
-justice necessory for law the meaning of law
&
judges
j
in to see
justice
-
eyal entainty as component for justice,
a but justice presents
-

sadbluch formula: retroactive punishmentonly when justice is


deliberately entrayed

otherwise, elegat entainty parents

Dutch child can sconded


stake outsidies points, they have to how
they epent allthemoney,if
-

prove
they gated, even fore analown, they had to pay it all back, paunts and,
lost all cases

positivism: strictness of law


natialism: judge intensention
UPILIPARIANISM

soctrine of duty
->
consequentialism: action that has the best Cownall) consequences is the best
-> I is intimically valuable duty to maximize
-

Utilitarianism -

Bentham

-happiness (utilitas) intrinsically valuable & gival goal


as

↳ 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,

-the moral action the action with the highest


-
expected utility Secundity
puity)
noblecheater
Mill, form genued hippiness
on
-

-o more desinable pleases, pleasures with discontent meddle utility value

ulility: entre presention of unhoppiness


-

-
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

- small exit for greek seed


->
accepting implonement (complicated human nature)

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

brings happiness to another(radism, racism, sexism)


-
pain in someone
&
don't take into account the
offensive part
3) Self-defeated
-> intent irrelevant, only the consequences matter
is

is actions depend on the consequences of other's actions


my

motives of cone & friendship irrelevant -

·roccer team: independent but coordinated players (only because thelaws


moral pathway are breakable
only one possible
I

three types of actions:


mandatory, forbidden, optional (extume impartiality)
->


only mandatory action maximize appiness and moral are

↳ action for love, fiendships one immoral


(primary sources
of happiness one immoral)
*
indirect utilitarianism: actions from love, pienehip on moral encause

they indirectly contribute to the genuad happines


4Common sense of morality
-> results are moral but unjust
↳ axoma obsessed; action can be moral under entain incenstances
any
&
barianism:
rule utile moral action-action that has the but outcome if everyone
did the action
moral maturity: extreme circumstances extreme responses
require
-no room for special obligation

eg.easing your mother or a
philantropist
indirectly functional partiality


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

drastic moled ochure can had to better decisions

-working full time to increase the balance


of happiness misery
own

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

monetary relief postpone storation without population control


-

↳x
supporting population control/other there
I how much to
give
away reached
-

case: until
Ostrory marginal utility is

<gising more would make me as


unhappy as the refuge)
*
maduate case: until cassificing somethingmorally significant
REEDOM SPEECH
*
OF

Vill
happine-freedom of being, liberty of,concience, oftastes, prouts,tounite
-

even
himself, the individual (except children, other cultures)
-

is sonneign
-

against paternalism self-owhuslips


self-protection
↓>
-
hame principle (or freedom ends when other's starts) - exception:

↳night of stake intervention (onicide)


evil can be corned by inaction
-

freedom of speech reponable



necessity of peedom of conciousness

↳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

partly time: improvement -> leach to truth

true:
justifying truth through rebuttal of opposition
↳ lack of rebuttal: dead dogma
constant discussion: lising truth

exception: when the effect of the speech harmful



is

-individuality
acting ponown's opinion charm principle)

a
maturity of gacuties
Waldron exon accepts the name
principle of justice
-

hake speech causes harm *


i need to
get to well-adued nociety where hate speech doesn't exists

C
an

respect: appraisal inequal


-

through
recognition ought to be equal
-

affected by hate speech


->

of recognition respect achieved only when prohibiting take speech


-

assurance
-

-displays of asmomen -expressive & disciplinary oflaw


work

public education, effective to


notenoughnote speech
answers

fee market of ideas


in
Snyder s.
Phelps
1: predom of speech regarding we speech
R: 1* Amand, liability
t
A: The speak is
of public concern-does not fall under
elect spoke on came subjects before, he
preexist-relationslip-no lidulity
2: hake speech
potecked
Sis:
A:
Snyder not public figure, outrageous extend speech-1*tm,
a

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)
-

"astrictive value: alvolutely forbidden acts & other acts Captions)


Kont S
impossibility tohappiness I lack of
know me omminciner

not
supane principle
depended
a set
+

expensearedating intenets, relative moral rules)


-

reason (immonality irrational mistake) ->whopes the will, notonlyto


as

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

onresponding (emisnal) law for duty


->

pascriptive law (how the world


ought to be, not how it is)
->
ealegorical imperative

#Impatives: the will is the subject of practical reason

imperatives
all previous to achieve good (happiness)
-

on a mean a

Hypothetical imperatives -

a means to an end, subjectiveto will


happiness
-

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

conceptual contradiction: the maxim confredicts the condition


↳ unis,

contradiction in
indifference example (people aren't self efficient)
the will:

imperfectduty (to help others, develop talents)


2) Formula of ends in itself: practical impative
-

Treating people as end, not at means

expect for morable human nature, importance of coment to be used on means


-both formulae are
equivalent came results, different purposes)

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

3)Former and empty


·it the
is
formal that
-
was
purpose
&
it isn't
empty-leads to clean results
at the deal
3) Rigid: "duty-fetish" -
no room
for exceptions (hundres
*
law conot come from empiriss, separate nituations
irrelevant
*consequences of good will-noially
Gafgen J.
Germany
1: torture accepted as evidence - should fortune be used to ease a

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
-

C: Fortie shouldn't be used even to rate a


life
VIRTUE ETHICS

teleology
-
the
right purpose (phaxis purpose in
-

itself, poesis purpose in action)


-

↳happiness (yes the sake of happines itself): realisation of self-potential


Aristotle
Virtue
-born neither bad
good was -
has the apacityto become good
-excellence of character:
by doing things prudently(good in itself & doingthings
one state
of theater/good in one way, soul-feelings, epacity, aldach- well(
-

prudence choosing the middle


-

attitude + prudence - character

by pumption knowing -
deficiency & education&
abits
-

excess
experience
-
-

rintnoes
by
well-being doing oitnous action
-

relative (dock-health, lawyn-justice)


-

doing things wellachieving one's purpose)->contributing for the well-being of society


Prudence
achieved by intuition, not reasoning
-

intuition -> deliberation -> intuition


1) First perception =
attitude at
face value: attentive + thoughtful
2) Deliberation
-

challenging distance from first exception


looking at the Pelos (well-being)
-

finding the middle


-

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,
-

inopp. To analytical thinking(exact)


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

performity, neutral solution


plundized society
-

as in a

purpose driven idea


of well-being
-

muit, professionalism
allows emotion
prudence: in
judging
-

Nussbarr
perception

Lesbian
-

defence of practical (intuitive) ravening& wisdom pur


↳ usd
formeal development, when doubt/thone's bias b in

perception fills the notes (for exception, particular cases)


gap of
-

in

I contextual
feature of deliberation, interpretation
Angements griendship (friend particular)
love a as

-all valuable things are commensable


of they be encompassed in rules
can

there will be vituations, particulars that


require adaptability
is
always now
-

particular judgments have priority own universats: oruction & flexibility


->
emotions and imagination isinfant to rational choice

justice in theentirety of human excellence
RAWLS & LIBERPARIANISM
Kurion between equality& liberty
Rawls what equality (for policies etc)
theory of Justice
-
A
I
means

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
-

visit, not human rights--the basic structure of just vociety


on

fee and equal


I
-

Kantian: citizens each other respect


own as cosplation
-
well-endured
society: meldom possible because justice disputed is

to
everyone accepts & knows
exagone
else
accept the principles of justice
name

basic nacial institutions satisfy the


principle of justice

ideal
they strict compliance) guide for practical situations for its
-

as a own make

injustice: inequalities that on't to the benefit of all


-

Assumptions
-plenotism (one doctrine isn't enough)
-moral
powers: resonableness & of justice
sense

form, resise pursue


& reasonabler doctrine the
a
of good life
right to hold property
of justice % political libety, freedom of
the
How to find the principles moon,
fom eubitay
andthe means to exercise them
1.
Primary goods-liberty rights Naver

agreed upon by all citizens
The rest bound by
2.
of ignorance knowlege about differences, except being
-
no

the principles of justice, rational parties


came

the principles of justice:first


o.-record p otherwise, ell
equal
1.
Equality in nights and duties (social basis of self-respect),distribution
2. Socio-econ, inequalities should exist if they tothe advantage of everyone,
one

↳ The
difference principle, distribution especially least disadvantaged
-

only relations with other persons,not to animents a nature


-

reflective equilibrium (principles & judgment coincide, promises of &


judgment
-

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
-

historical will always goto han-patterned system


I
-not patterned (patterned -
distribution according to certain enterine
-

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

condition: LockelMoriso: thee be enough and good left for others


on in common

way appropition affects others, not and -entration


4 the
feces on on

↳ 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
-

3. The ratification of injustice in


holdings
-no one is entitled to a
holding exempt byImpeted applications of 102
↑HE URGENDA CASE

&Meview

action wit
-

foundation brought class


request limitations of greenhouse gases by 40% (at least 25%) by 2020
-

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) -

eight to life, to unspectfor private& family life,to an


effective
direct the NL
->
effect in
uredy
3)International conventions

Agreement, UNFCCC
-
Paris

"Soft Law guiding principles)

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)
-

elienate change agreed upon


risk

ECHR
-

existence & of real, immediate rink


-
awareness

environment hazards & to people whole


-applies to on a

seeing that the plan is


insufficient, not designing plan
-

stake defence: the actions of Git.don't the


global problem
help
-

-each
country has
responsability for own here
reduction; at least 25%
by 2020
-

state's (20% 49-2030, 95-2050)- link of postponement


&
pan by 2020,
-

politics
↳uphelding the rule
of Law
state still putiols meanines, legislation
IRAC

1: should cents intensure in how the stake should legislate?


R:Ant.162/ EcHeCAnt.2, 0,13)/ International conventions / selt Law
"duty to take mitigation measures for hour-Art. 162
A
impending
duty to do own's pent in elienate
change -
take

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

presention of adoption climate change


on

democracy the rule of low


-

duty of companies

Shell Cam
-interest of future generations taken into account
1: should companies liable for this emissions?
be

R: Art. 182 x future,gen


A: shill own an unwritten standard of to sutch residents
come

emissions will damage switch lies/oneputies, shall policy intangitte,


non-binding
C:
supanies sponsible for
are
pant in climate
own charge
↑ HE RIGHT TO HAVE RIGHTS & MIGRATION

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
-

of home impossiblity of finding anewo), loss of got protection


↳ loss

↳ 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
-

stw. rick because resences of 3rdW.



migation decolonisation taking back enounces that were solen
as -

-multitenal account: all+stw. owes 3*W. (frind iew easies commus)


-not all SrdW. Celites), not
open benders but easy acces
N.SONF. 1.
Spain
I can stakes return imigrants that cielgally) as their worden?
R: ECA Ant.4 Protocol -
Prohibition of collective
expection, Ant.13-rightto an
elf remedy
A: non-admission,
illegal crossing,effective access to lyel entry-ent. Y
lack
of stop. From op.-Ant.is
insue not worthy of (Reychal) African Gent- Art. 37)strikingoutpplications)
Ectti ->

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
-

2. Consistent inegalitarian principles apply only to white menu


-

3. Third position -
inclusion of racism & rexism

pointing out controduction and setting them aside


rundelling where necessary
integrating restorative justice
swamm lack duty-they morally because it is beautiful
act
non-whites lack duty, therefore they lack freedom

jewn lack duty-act because


of rewards, punishments

Wills
vacial in liberal thedy
oppression
-

Rants' intence exclusionary


-

high-influence, publishing time (1970s)


I

↳ race &ux-not listed in the veil of igndance


excluded from well-ordered society
-

social contract -

only consensual for whites


-

eccentrism
↳ idealized
history (wetphalia but colonialism) no

igning the experience of non-whites (difference principle unepliable


-

limitation of ideal theory


-ideed ideal without input history
-

race is about
he
practical worth don't duct social discrimination
-
-

rectificatory ideal-unjust history that has been exrecked


-

race is part
-seeks remedies for social injustices
-

used asnarrative (affirmative action)

Zwente Pet
Wekken

-ninforcing images of black


states (slawon,lipstick, Broken dutch, willyrags)
-

case in against
the > Pack Piet the mayor's
responsibility, not the cents
-

Fortheme Couture, children, faligners, dimial)


-does intention maten?

would controvencal matter be decided the law


by on stake people?
2. The people?
CITIZEN SHIP

Legal status
political membership equal political rights (passport, residency)
-
>
-

right to love rights


differences: bethright lottery
-

Jus roli &


You congerine's
-

Broode attitude
-

racial citizenship: knowledge, expacities,civic virtues


-historical relevance of who is
capable (reasonable) of citizenship
Migration
Carens
-
all
permanentmembers =

equals with rights and political decision-making


-conceivingtemporary walkers
pusuppositions
-


bytimacy of liberal dim.
principles
of taken to
↳ the
right make admission decisions

rights: family unification: incntiseto return


premains(threemonths one
year)
- -

economic and racial rights:


working conditions (some an
actions)
↳ work-related
pacial programs on taxdion-return
emn)
Cepends
-
inclusion-basis of demonetic
soneighty
↳no pol, inides can make decisions for pot, outsiders
↳ strict this
immige. Precedences can be
angered for
question of proment
who is a resident
Fuating migrants after admission, before citizenship
-

↳ time: social membership ->


political memberships
what standards: deout. (lib--dem & constit.) -> strict rules
utilit.Coutcome & well-being) ->
insuff-rights
Libertarian (consent)
ambivalence: increased inter opportunities insufficient nights
-

an
Animal rights
Klymlicka & Sonaldson
-

political intuitions are


insufficient (capacity contract wrong approach)
-

argument: animents have rentience/conciousness and unjective good


2
right to life, liberty, not to be used as means

domesticated animals, number of society ekitenship


-
->

mild animals: nights to own


ferritory & autonomy novenlighty
->

liminal (urban) animale: rights of


unidency denizenship (middle state
->

layers of atizenship

membership model: seperation, that, physical proximity, communication
political participation/rational reflection: only value, not niterion

excluding clutchin, disabled, mentally ill


↳ often
↳new form :moral status should prime before capacity
wise,

enabling citizenship for animals (domesticated


-intersubjective relations: animals still dependent on human
I
nights: unidency, protection, health
cone, labor, intrusts taken into accent

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

majority follows intests own

sent principle, lginlatime power


- -

Agarnet
-

black room not recognized as atitan (And Scott -


Sandfed (1857))
-

against stake -

specific anti-racist noting regulation (shelby County s. Holder(2)

Europe
-

Post-ww
: contrained
democracy, constitutional counts, ECHR
-

Donstitutional Count model


Recentralized model

Waldron-ae core -

inespective of empiries (cases)


-

against strong indus, the week jnd.u Cadvinery)


Assumptions
..tem, institutions in good order
2.
Judicial institutions in
good order
3. Committment to rights by people officials
3.
Persisting, intestantial, good faith disagreement about rights
Arguments
1. Process-related-undenomatic (less dem, than beginlatnes)

participation in
decision-making process
democracy: to
disagreement, delete, equal reps. O rights
-

answer

↳ cents aren't elecked or loked-out



people aren't taken
seriously
-

judges appointed by clicked


one
leg.
↳ still less demonetic

-sents
only apply the law
↳rights indeterminate-determining rights is politically loaded
one

-changing the constitution



impossible gud.Ms sunken-majoritarian
-
is

-judicial proceedings offer form of pot, participation


a

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

-low on written rights


is obsession with test
-
rosom for judging
I
often technical, legitimizing
Non-ear calls

if one (more) of the bassumption don't hold


the counts be affected by the same problems the net of
society
-

can on

Respons
-
counts can chuck reasonableness of legislation
-judicial review leads to better outcomes (as an extra-check)
-
intrinsic room

Dates: Jackson Woman's Health Ogenise


1: in advention protected by right to
Liberty? Ishouldthe countdecide pan abaton
R: 14th tre: protection of liberty
history and tradition to fall under constitution
8: alution not mocked in US
the
election
destroys (fetal) life
of judicial authority lyinlat
late. 3. Wade-alrus >
insere decided by me

avrtion intectedtoned
shot
C. in a dome,
way,
not
by out
the

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