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| The unwritten laws of God that know not change. They are not of today nor yesterday |
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| The just man will not be any different from the just city with respect to the form itself of justice, but will be like it. |
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| For there does exist naturally one universal sense of right and awrong . . . it is not right here and wrong there, but a principle of law to all. It is extended uninterruptedly throughout the spacious firmament and boundless light |
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| The labor of his body, and the work of his hands, we may say are propertly his.... |
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| But he can have a right to what that is once joyned to, at least where there is enough, and as good left in common for others. |
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| If god did not exisit, it would be necessary to invent him. |
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| This is more than consent, or concord; it is a real unity of them all in one and the same person, made by convenat of every man with every man, in such a manner as if every man should say to every man: I authorise and give up my right of governing myself to this man, and authorise all his actions in like manner. |
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| God is dead. God remains dead. and we have killed him. |
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| How shall we comfort ourselves, the murderers of all murderers? What was holiest and mightiest of all that the world has yet owned has bled to death under our knives: who will wipe this blood off us? What water is there for us to clean oursleves? What festivals of atonement, what sacred games shall we have to invent? Is not the greatness of this deed too great for us? Muist we ourselves not become gods simply to appear worthy of it? |
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| When one gives up the christian faith, one pulls the right to christian morality out from under one's feet. This morality is by no means self-evident . . . By breaking one main concept out of christianty, the faith in God, one breaks the whole: Nothing necessary remains in one's hands. |
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| Unknown but I think Nietzsche |
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| But right reason and the nature of society .... do not prohibit all manner of violence, but only that which is repugnant to society -- that is, which invades another's right . . . For our lives, limbs and liberties had still been proporly our own and could not have been without manifest injustice invaded. |
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| An action then may be said to be conformable to the princple of uitility, or, for shortness sake, to utility when the tendency it has to augment the happiness of the community is greater tahn any it has to diminish it. |
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| The sole end for which mankind are warranted, ind. or collectively, in interfering with the liberty of actino of any of their numbers, is self-protection. That the only purpose for which power can be rightfully exercised over any member of a civ. community, against his will is to prev. harm to others. |
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| John Stuart Mill - on liberty |
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| His own good, either physical or moral is not suff. warrant. He cannot rightfully be compelled to do or forbear b/c it will be better for him to do so, b/c it will make himn happier .. . over himself over his own body and mind, the indiv. is sovereign. |
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| John stuart Mill - on liberty |
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| The vast bulk of the laws which diminish my liberty are justified on utilitarian grounds, as being in the general interest or for the general welfare; if as bentham supposes each of these laws diminishes my libertythey neverless do not take away from me anything that I have a right to have. |
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| Morality is logical. There are no interesting moral univ.. There are tautological ones, such as murder is wrong - where murder means a wrongful killing and there are a few rud. princ. of social cooperation . If one callls these rud. princ. the univ. moral law, fine, but as prac. matter, no moral code acn be critized by appealing to norms that are valid accross cultures, normas to which to doe of particul... |
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| When we came they (law prof.) were like a priesthood that had lost their faith and kept their jobs. They stood in tedious embarrassment b4 cold alters. But we turned away from those altars and found society is made and imagined that it is a human artifact rather than the expression of an underlying natural order. |
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| If law is not determinate or neutral or a function of reason and logic rather than values and politics, gov't by law reduces to gov't by lawyers, and there is little justification for the broad. The extraordinary role of law in our society and culture is hard to justify once the idealized model is recognized as mythic." |
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| One must consider man b4 the establishment of socieies. |
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| When the leg. and exec. powers are united in the same person, or in the same body, there can be then no liberty. |
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| Separate and distinct exercise of the diff. powers of gov't is admitted on all hands to be essential to the preservation of liberty. But the greatest security against a gradual concentration of the sevearl powers in the same dep. consists in giving those who admin. each dep. the necessary constit. means and personal motives to resist encroachments of the others. |
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| james Madison (fed. paper 51) |
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| Ambition must be made to counteract ambition. It may be a reflection on human nature, that such devices shoudl be necessary to control the abuses of gov't. But what is gov. but the greatest of all feflections on human nature? |
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| James Madison - Fed. Paper 51 |
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| The root diff. is that judicial review is a couter - majoritarian force in our system. |
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| Alexander Bickel (countermaj. difficulty) |
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| Implicit in every such system of procedures is the central ideal of law - an idea which can be described as the principle of institutional settlement. The alt. to disintegrating resort to violence is the establishment of regulatized and peaceable methods of decision. The principle of institutional settlement expresses the judgement that decisions which are the duly arrived at result of duly established procedures of this kind ought to be accepted as binding on the whole of society unless and until they are duly changes |
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| Hart and Sacks (legal process school- which emphysis on how laws are made) |
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Applications of economic models and prinicples to the study of politics and law
Relev. in disc. of role of leg. and judical decision making
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Public Choice School / Mancur Olson
smaller groups = more sucessful |
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| The free rider problem refers to the issue of why an individual should join the group seeking gov. benefitis if he cannot be excluded from the benfitis once the law is passed. If all groups members reason this way, no group action would be forthcoming; therefore, one object of the group is to spend resources to deter such behaviors." |
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| Tollison (Public Choice and Leg.) |
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| "Gapfilling/construction has the same effects as extending the term of the legislature and allowing that legislature to avoid submitting it's plan to the executive veto." |
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| Easterbrook and the dealism model |
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| Johnathan Macy and the public regarding purpose |
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| courts should enforce stated public purpose of congress/intent. |
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| A change in the allocation of resources which makes one person better off but doesn't make anyone else worse off |
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| In general, industrialists are interested, not in the social, but only in the trade net product of their operations. Clearly, therefore, there is not reason to expect htat self-interest will tend to bring about equality b/tw the values fo the marginal social net product of investment in diff. industries when the value of social net product and trade net product in those industries diverge |
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| "the tragedy of the commons develops in this way. Picture a pasture open to all. It is to be expected that each herdsman will try to keep as many cattle as possible on the commons. Such an arrangement may not work reasonabley for centuries b/c misc, but eventually turning point. |
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| Tragedy of the Commons / Garret Hardin |
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