Term
| what constitutes an objective legal system? |
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Definition
an objective legal system is constituted by:
1. Content: what the laws actually consist of and state that you may or may not do
2. administration: how the legal system is constructed and applied
3. authority: who gets to apply these laws. the extra moral quality in addition to power |
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Term
| what is the difference between internal and external authority? |
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Definition
| internal authority is the the bulk of a legal system, it refers to who gets to make the final call in the system and settles disagreements while external authority is the moral authority that legitimates the system as a whole. |
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Term
| why would it be dissatisfying to live in a state of nature? |
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Definition
| it would be dissatisfying to live in a state of nature because everyone interprets natural laws differently and excess expressions of injustice would jeopardize your life and rights. |
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Term
| why can the government only carry so much authority? |
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Definition
| the government gets it's authority from people and so people can not give the government authority that they themselves would not have in nature. |
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Term
| what does it mean to speak of rights in "to do" and "to have" terms? |
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Definition
| "to do" rights protect your right to act without interference from others while "to have" rights entail that you control and act upon your property |
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Term
| rights only exist in _________ situations. |
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Definition
| rights only exist in social situations |
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Term
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Definition
| legal rights are rights that you are entitled to because the government has enacted laws that say so |
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Term
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Definition
| moral rights are held prior to and independent of any legal actions. you have certain claims against others simply by being human and the the government exists to protect these rights |
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Term
| locke's definition of rights: |
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Definition
| locke argues that a right is a moral claim to a certain condition in which other people are not making decisions for you and you're freedom of action is distinguished from the overall moral propriety of said action |
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Term
| elaborate on "you have a right to do wrong" |
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Definition
| you have a right to do wrong implicates that as long as your action does not interfere or infringe upon the the rights of others, you are not inclined to act in a moral way. if fact, if you obstruct or restrict an action simply under moral predictions then you are wrong. |
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Term
| what are the arguments to obey the laws of government? |
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Definition
1. benefit
2. paternalism
3. fair play
4. justice
5. residence
6. political participation |
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Term
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Definition
| plato, we get benefits from the government so we're obligated to follow it. |
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Term
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Definition
| hobbes (some plato) we're in a state of chaos so we need someone to take care of us. the government acts as our 'parents' restrict our actions because it's in our best interest |
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Term
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Definition
| when other people play by a set of rules and you benefit from their compliance, then you should play by the same rules |
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Term
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Definition
| if a regime is just, it's justice demands respect and you need to obey |
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Term
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Definition
| you live there, you should just follow its laws. you are free to go if you do not see these laws fit. if you do stay, you are agree to obey |
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Term
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Definition
| you vote, you participate i politics, you are agreeing to the whole structure/rules |
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Term
| what argument for authority does locke goes for? |
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Definition
| locke argues for consent theory and asserts that when you give up you natural liberties for social bonds you are submitting to the established group laws. furthermore, since you benefit more in society than you would in nature it's rational to give the government authority because it benefits you |
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Term
| what are locke's conditions for tacit social agreement? |
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Definition
| locke argues that consent is either explicit or tacit, including geographic tacit consent. however, either way there needs to be an opportunity for you to dissent. |
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Term
| what are the limits of the consent theory according to locke? |
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Definition
| the limits of consent theory are that we have limited power and control over ourselves and thus can't bestow on others authority that we ourselves to not have. Also, the government has power to act upon us without our consent when we violate the natural rights of others. |
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Term
| what is a danger on too strongly believing that government action is justified by consent? |
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Definition
| the danger of believing that government action is completely justified by consent si that some government actions will never be justifiable by the government so even if the government has your consent they could still be acting upon you in a way that violates your rights and thus the form/purpose of the government |
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Term
| how does locke say we should police the non-consenting? |
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Definition
| again, natural rights do not require consent to hold authority so if someone violates yours, your government has a responsibility to protect your rights but at the same time the government cannot discipline them in a way that violates their natural rights |
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Term
| what is the importance of freedom according to locke? |
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Definition
| locke argues that freedom of is vital because without it you cannot use your natural capacity of reason and physical force cannot bring enlightenment, judgement, understanding, etc. |
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Term
| what argument can one make that government is a good thing and not a necessary evil |
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Definition
| liberty is not license, government protects your rights from being violated. |
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Term
| what was the disagreement behind the american revolution about? |
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Definition
| the disagreement between the brits and americans concerned what a constitution actually is and does. |
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Term
| what was the brit's take on a constitution? |
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Definition
| the british constitution was not writen down and doesn't exist in a physical form. although widely respected and reknowned to be on the of the best at the time, it was a compilation of documents and traditions, there were no actual boundries on government power. a constitution is what a government is constituted of |
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Term
| what was the american's take on a constitution? |
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Definition
| the american's argued for a antecedent that a constitution is something that exists prior to a government and establishes limitations of what a government can do. |
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Term
| what are the dangers of the birtish model |
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Definition
| the british model is too fluid and to change and fluctuation that would allow for too much government power and doesn't give you a fixed government identity. creates a test of conformity which creates an opportunity for the legislature to become supreme and the rule of man, even if well intentioned, over the rule of law |
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Term
| what was the british defense of their actions? |
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Definition
| the british argued that the colonists were not living in a state of nature and they left as british subjects, therefore they were still subject to obey british laws. they stated that virtual representation was valid because when they left they sacrificed their right to vote for their represnetatives, and they shouldn't worry about it because the representatives work for the good of the community and are capable people. |
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Term
| a constitution is to a a government what ______ is to a ______. |
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Definition
a constitution is to a government what laws are to a court.
the government is in way governed by the constitution |
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Term
| what is the issue with the fluidity of the british consitution |
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Definition
| it didn't allow for a final fixed standard to be established, and thus there was no way to compare acts of government and judge them and there legitimacy and functionality to the form and purpose of government. |
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