Legal Theory Notes
UOW legal theory exam notes.
SAMPLE:
Week 4: Legal Theory and the Nature of Community
Thomas Hobbes (17th century English philosopher)
• Selfishness a natural state of the human condition
• ‘dog eat dog’ political, economic and social world
• Suggests a reading of the world where everything is based on self-‐interest
• Developed ideas during English Civil War
Has law and legal theory forced us to make assumptions about the human condition, and do we need to change what it expects of people in principles such as ‘reasonableness’?
A Legal Sensibility
• Community and Conscience combine to create a legal consciousness
• State of mind best described as a legal sensibility about the expectations we
have for individuals
• Sense of right and wrong – concept of ‘reasonableness’
• Born with it or acquire it? Bit of both///
• Natural law meets liberal conservative virtue
Edmund Burke (1729-‐1797)
• Philosophical founder of conservatism: a political philosophy that asserts the intrinsic value of ruling institutions in order to maintain a stable and good society
NATURAL LAW THEORIES
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Topic Notes
Year: Pre-2023
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