Philosophy of Law

In: Philosophy and Psychology

Submitted By maytiutan
Words 425
Pages 2
Summary of The Law School of the Future: From Legal Realism to Policy Science in the World Community
To appreciate legal realism we must understand the root confusion in language of law through the following references: statement of facts, statements of the preferred events, of the values, sought by the speaker and statements of the formal, internal relationship of legal symbols and propositions. Due to the confusion of these references these symbols often make uncritical orientation to controversy and other irrelevant notions. To add further confusion, it often concretize the very different perspectives of different parties. There are two polar extremes of attitude towards this language, first is the assumption of autonomous control over social processes and the other is that it is meaningless. To further understand we must reminiscence about the very root of this confusion. This confusion is inherited from the time the people has not developed intellectual skills, when the people has no understanding of how the human brain works, when people were ignorant of how to clarify values and when people had insignificant perception regarding group behavior. It was a time when law was regarded as legal doctrine and only as primitive function of maintaining order and did not think of it as a positive tool for promoting and safeguarding all the basic values of the community. Where court was regarded as the major and one proper tool of legal control and the role of a lawyer was unclear. We all sense today that a very profound amendment has come over the world therefore, the occasion, and the obligation of this law school as of other schools to arise from the destructive phase of legal scholarship-indispensable though the destruction was-and to center its energies upon conscious efforts to create the institutions, dogmas and practices of the future. It is privileged that today…...

Similar Documents

Philosophy

...that person should know his responsibility in that position and not ask another coworker to complete the tasks that were assigned to him. Political Philosophy Political philosophy is a major study area of philosophy. Searching for problems and solutions is political philosophy; the burdens that are problems for societies at that time are researched so that a solution can be addressed properly. One major area of study under the broad umbrella of philosophy is political philosophy. Political philosophy is always searching for a solution to the problems that burden societies of that time. From the Ancient Greeks to the modern day Americans, there are questions that need to be asked and answered as to why laws, and the people who create/enforce them, are a part of society. As well as ways to better the society so that the needs and wants of every individual within it are satisfied. Aesthetics For instance beauty, when I look at magazines with beautiful models, I think how beautiful they are. The issue that I have with models is that they starve themselves to be a size zero. They do not realize that they are causing more harm to their bodies than they think. It does not matter what size you are all women are beautiful in their own way. No woman should have to prove anything to anyone. Social Philosophy Social philosophy addresses more informal issues such as the social structure of voluntarily composed groups, such as the social power of a celebrity. I......

Words: 1341 - Pages: 6

Philosophy

...Introduction to Philosophy American Intercontinental University Philosophy ABSTRACT Throughout life, we deal with many day-to-day situations. Some come in forms of Mere Assertions, Circular Reasoning’s and Ad Hominem to name a few. If you ever knew what these terms mean. I will give a brief description and example of these meanings. There are nine different types of segmentations in philosophy that are used in the world today. The different segmentations are mere assertions, circular reasoning’s, ad hominem, red herring, pseudo questions, false cause, sweeping generalization, slippery slope and equivocation or changing meanings. These different segments play an essential role in our day-to-day environment. For instance, if you read in the newspaper that a crime was committed, that is an example of mere assertions. In society today, this phrase is heard repeatedly, “You do the crime, you pay the time.” This means that if you commit a crime you, will be punished to the extent of law. In some Middle Eastern countries, they cut your hand off for stealing. In the other parts of the world including the United States, you are innocent until proven guilty. They have to prove with a reasonable doubt that the individual committed the crime. This means that they have to provide evidence to the court showing that beyond a reasonable doubt that the individual was guilty of the crime. This is an example of mere assertions, if someone commits a crime you must have......

Words: 1154 - Pages: 5

Philosophy

...Andrade 1 Andrew Andrade Mr. Barker Philosophy 101 9 February 2011 Word count: 2049 PHILOSOPHY Many people believe that philosophy is a subject meant for those who are lost in life. Its actually the opposite those who do not study philosophy are lost in life. In our everyday lives philosophy can be applied from our hygiene to our relationships. It is based on the questioning of every aspect of life to better gain an understanding of it. The better understanding of something can allow us to change the bad for the better or add to the good if need be. The big questions in philosophy are about the existence of god, our own existence, morality, ethics, reality, life’s meaning, and knowledge. All question have an ultimate goal to end pain and suffering whether it be in life or death. There have been many philosophers who believe that they have figured out the solution to suffering in life and death. They came up with guidelines and philosophies that would help people to be good morally in turn be good for all of mankind. Siddhartha Gautama, K’ung-fu-Tzu, and Lao Tzu all believed that their own ways were the most effective. Buddha was born into a royal family who believed in the traditional teachings of the Hindu religion. It involved reincarnation, karma, Brahmin priesthood, sacrificial system, and the caste system. With god and goddess, the better you do in a previous life the better your next life......

Words: 2117 - Pages: 9

Philosophy

...Philosophy Philosophy is the study of general and fundamental problems, such as reality, existence, knowledge, values, reason, mind, and language. Discussed in this paper will be the most prominent individuals in each time period and their ideas, starting with the “Pre-Socratic” philosophers and ending in the era of post modernism. The time period in ancient Greece between the end of the seventh century B.C. and the middle of the fourth century B.C. is what is known as the “Pre-Socratic Era”. The thinkers known as the “Pre-Socratic Philosophers” used the four basic elements (water, earth, fire, and air) as their foundations for their ideas. Thales and most of the other Pre-Socratic philosophers limited themselves mostly to inquiring the nature of existence, being, and the world. They were mostly Materialists, believing that all things are composed of material and nothing else, and were mainly concerned with trying to establish the single underlying substance of which the world is made up. They used this idea of “Monism” without resorting to supernatural or mythological explanations. To these men even the commonest of phenomena like lightning, water freezing to ice, and natural disasters would have appeared miraculous. Empedocles, first of the pluralists, who proposed that reality, is composed of an irreducible plurality of elements. He also documented the first theory of evolution. Democritus developed the extremely influential idea of Atomism (that all of reality is......

Words: 2667 - Pages: 11

Philosophy

...Mid-Term Reflection paper My main moral philosophy is to treat others the same you want to be treated, also known as the golden rule. I think if everyone followed this rule there would be less problems in the world today. The definition of morality is principles of right and wrong in conduct. So by following the golden rule you are being moral to the best of your knowledge. To not follow the golden rule a person is being immoral. Moral philosophy begins with your parents, but as a person gets older they should have a set of morals that they learn on their own and apply it everyday of their life. Morality is like your duty of life; it is what you ought to do. Many people get most of their morality based on religious teachings. They use their religion as a guide for their own moral philosophy. My own morality isn’t based on religion a whole lot simply because I am not a very religious person. On the other hand for people that are religious I think religious teachings are a good set of values to base their own moral philosophy on. Half of my morality is probably based on cultural determinants. This is because I am surrounded by people all day every day and I watch how people interact with each other. Also culture has a big impact on everybody because it is a broad group of people acting in the same way, usually. If such a big group of people has the same morals it has a big impact on any individual. I think your own morality allows you to judge the moral......

Words: 944 - Pages: 4

Philosophy

...HZT4U1 Mrs. Faria February 13, 2014 Philosophy Reflection Essay What is Philosophy? Philosophy is more than simply a school subject, it is a worldview that involves complex and contemplative ways of thinking. It can also be considered as a hypothesis, the love of wisdom, law, equation, and major part of it, science and religion. As Socrates once said " philosophy is a quest for wisdom- an unrelenting devotion to uncover the truth about what matters most in one's life." As mentioned above, Philosophy according to Socrates is a process of proving the truth and validity of certain visual ideas. Philosophy branches out. To understand Philosophy, we need to know what makes someone a philosopher, which helps to determine analytic philosophy. Along with this, we need to understand the method of philosophy which leads us to the true value of philosophy. The study of philosophy is a discipline that develops analytic thought and, ultimately, autonomy. To understand philosophy, and how it leads up to autonomy through analytic thought, we must understand what makes someone a philosopher. in the article " What makes someone a philosophy" by Mark Warnock, she helps to define the subject. Warnock clearly defines a philosopher through her articles. She says "Professional recognition is unimportant: what matters is that a philosopher is someone who thinks at a high level of generality, has 'explanatory ambition' and most importantly, provides arguments in support of his or her views.......

Words: 1215 - Pages: 5

Philosophy

...properly educate young people and wanted more control to be given to the government.   These groups were formed by prominent members of the community who could influence law makers.   “Child-saving organizations influenced state legislatures to enact laws giving courts the power to commit children who were runaways or criminal offenders to specialized institutions” (Siegel & Welsh, 2011).   From these groups the concept of parens patria was made popular. Parens patria is Latin for parent of the country, and basically gives the state or government the power to take care of those that cannot take care of themselves. The juvenile justice system is a foundation in society that is granted certain powers and responsibilities. It faces several different tasks, among the most important is maintaining order and preserving constitutional rights. When a juvenile is arrested and charged with committing a crime there are many different factors that will come in to play during the course of his arrest, trial, conviction, sentencing, and rehabilitation process.   This paper also examines the Juvenile Justice System’s court process in the State of New Jersey and the State of California. The term juvenile delinquent was established so that young lawbreakers could avoid being classified in legal records as criminals. “The laws were designed to provide treatment, rather than punishment, for juvenile offenders” (Neubauer, 444) California is a decentralized state which means that delinquency......

Words: 840 - Pages: 4

Philosophy

...Department of Philosophy / Programs / Undergraduate Program / What is Philosophy? What is Philosophy? Quite literally, the term "philosophy" means, "love of wisdom." In a broad sense, philosophy is an activity people undertake when they seek to understand fundamental truths about themselves, the world in which they live, and their relationships to the world and to each other. As an academic discipline philosophy is much the same. Those who study philosophy are perpetually engaged in asking, answering, and arguing for their answers to life’s most basic questions. To make such a pursuit more systematic academic philosophy is traditionally divided into major areas of study. Metaphysics At its core the study of metaphysics is the study of the nature of reality, of what exists in the world, what it is like, and how it is ordered. In metaphysics philosophers wrestle with such questions as: Is there a God? What is truth? What is a person? What makes a person the same through time? Is the world strictly composed of matter? Do people have minds? If so, how is the mind related to the body? Do people have free wills? What is it for one event to cause another? Epistemology Epistemology is the study of knowledge. It is primarily concerned with what we can know about the world and how we can know it. Typical questions of concern in epistemology are: What is knowledge? Do we know anything at all? How do we know what we know? Can we be justified in claiming...

Words: 557 - Pages: 3

Philosophy

...------------------------------------------------- Philosophy Cynicism is one of the most striking of all the Hellenistic philosophies.[8] It offered people the possibility of happiness and freedom from suffering in an age of uncertainty. Although there was never an official Cynic doctrine, the fundamental principles of Cynicism can be summarised as follows:[9][10][11] 1. The goal of life is Eudaimonia and mental clarity or lucidity (ἁτυφια) - freedom from τύφος (smoke) which signified ignorance, mindlessness, folly, and conceit. 2. Eudaimonia is achieved by living in accord with Nature as understood by human reason. 3. τύφος (Arrogance) is caused by false judgments of value, which cause negative emotions, unnatural desires, and a vicious character. 4. Eudaimonia or human flourishing, depends on self-sufficiency (αὐτάρκεια), equanimity, arete, love of humanity, parrhesia and indifference to the vicissitudes of life (ἁδιαφορία). 5. One progresses towards flourishing and clarity through ascetic practices (ἄσκησις) which help one become free from influences – such as wealth, fame, or power – that have no value in Nature. Examples include Diogenes' practice of living in a tub and walking barefoot in winter. 6. A Cynic practices shamelessness or impudence (Αναιδεια) and defaces the Nomos of society; the laws, customs, and social conventions which people take for granted. Thus a Cynic has no property and rejects all conventional values of money, fame,......

Words: 1521 - Pages: 7

Philosophy

...Name Professor Course Date Ethics Ethics is a general term used to stress on the character role and the moral philosophy instead of people just acting so that they can bring real consequences. Aristotle is the father of the virtue ethics, and he concluded that the people who have ideal character traits were virtuous. However, once these characters are established, they need to be nurtured so that they can become stable. For instance, a moral person is kind in very many circumstances during his or her lifetime because that’s how her personality and will simply do her duty without expecting any favors. Virtue ethics shows focuses on how people should live, which the real social are and the family value and also what the best life to live is. The show Sons of anarchy is very interesting because of the way William Shakespeare Hamlet has inspired it. For instance in the play, Jackson has virtue values whereby he is trying to maintain peace with the violent gang. The virtue ethics values have three main categories that include; the care ethics, eudemonism, and the agent-based theories. The human ability to perform the distinctive functions well is equated with human flourishing that is based on eudemonism. Eudemonia means happiness and the well-being of the human. Human will always revenge to get their happiness. For instance in the show Sons of Anarchy, the retaliatory sense becomes a menace to......

Words: 2397 - Pages: 10

Philosophy

...1: Philosophy, sophism/sophistry, “pilosopo” 1 [Published in Rolando M. Gripaldo, ed. 2004. Philosophical landscape. Manila: Philippine National Philosophical Research Society.] PHILOSOPHY, SOPHISM/SOPHISTRY, “PILOSOPO” Rolando M. Gripaldo PHILOSOPHY: Ancient Philosophy literally means “love of wisdom.” In contemporary philosophy there are as many definitions of philosophy as there are schools of philosophy.1 What is interesting is that one school defines philosophy to the exclusion of other schools. For instance, the analytic school defines philosophy as the clarification of the meanings of words, phrases, and sentences, and it rejects metaphysical propositions as cognitively meaningless. Its emphasis is logic and language. On the other hand, the continental school defines philosophy in terms of the meaning of life and one’s relationship with the world and the Other (other human beings and/ or God). It considers the activities of the analytic tradition as meaningless to one’s life. Its emphasis is life. It is therefore advisable to just leave the definition of philosophy in its original etymological meaning, although even this is not safe. Quite recently, Hans-Georg Gadamer (1989), an hermeneute, has rejected epistemic wisdom as within the realm of human control. The ancient Greeks defined philosophy as love of (epistemic) wisdom. Thales, who is traditionally considered the father of philosophy, was interested in “knowing” the ultimate reality,...

Words: 3853 - Pages: 16

Philosophy

...is also unclear whether the ancient Chinese believed T’ien responded to human supplication or simply worked in accordance with the principles of T’ien. | God created human beings and everything. | Monotheism, belief in one God, is the most important and foundational concept in Islam. Muslims believe in one God who created the universe and has power over everything within it. He is unique and exalted above everything. He creates, and His greatness cannot be compared to His creation. | Man | Men had the dominant role in public life in ancient Greece. They were engaged iin politics and public events, while women were often encouraged to stay in the home. | For the Chinese then, Philosophy is the translation of words into action or the application of theory into praxis. Thus for the Chinese, philosophy singles out a person to live on what he says/teaches thus, a man/woman of integrity who has word/s of honor. | In Hindu tradition, Manu is the name accorded to a progenitor of humanity being the first human to appear in the world in an epoch after universal destruction. | He has been created to live on it only for a probationary period, and, in due course, he will return to his Lord, to be judged according to the way he has spent that period. | World | | | | Babor (2007) further expounded that Islamic philosophers in their falsafa (philosophia), through the concept of hikma, view the world and humanity as “intrinsically and substantially unified” “…that Islamic......

Words: 1762 - Pages: 8

Philosophy

...Name: Email: Telephone Number: Class: Date: NUSSBAUM’S CAPABILITY THEORIES FOR TREATING NONHUMAN ANIMALS ETHICALLY APPLIED TO CARL SAFINA’S DISCUSSION ON VARIOUS NONHUMAN ANIMALS In this paper, I intend to explain Martha Nussbaum’s capabilities theory for treating nonhuman animals ethically, then apply this theory to Carl Safina’s discussion of various nonhuman animals in his book Beyond Words, How Animals Think and Feel. Martha Nussbaum is an American Philosopher, who focused on philosophy in the field of moral theories. She is a distinguished Professor of Law and Ethics at the University of Chicago. Her interests include the ancient Greek, ethics, political philosophy, Roman philosophy, feminism and animal rights. Her works include various books either as an author or an editor. Carl Safina is a philosopher who explored the inner feelings of the animals in his book Beyond Words. This paper will apply Nussbaum's philosophy to the Carl Safina's discussion that demonstrates that animals have feelings, and describes their cognitive nature. Thus, they are aware of the mistreatment, only that they are powerless to resist the abuses. He elaborates the communication abilities of the elephants, whales, and other animals. We, human beings consider ourselves superior to the others, but by various measures, we are the most “frequently irrational, distortional, delusional, worried.” Many people who oppose the harsh treatment of animals cite Martha Nussbaum’s capabilities theory. His...

Words: 1463 - Pages: 6

Philosophy

...Tanith Perridge 1 Keywords Glossary Philosophy Definition: Anguish Satre’s lecture on existentialism and humanism brings with it several emotional implications or responsibilities in which choice is connected. One of the emotional links is that of anguish. Satre states that anguish is an individual’s response to freedom …“we are responsible as we are free” .. (Flynn 2006 pg8) that individuals have to take sole responsibility for actions taken resulting in the feeling of anguish. Discussion As starte stated existence precedes essence, we are all a Tabula Rasa(blank slate) that we are all free in which to make the choices and decisions that shapes who we are. Anguish is almost an emotional response to the freedom that we have, that we are all free to choose own paths in life, we should be responsible for all of our actions, choices and decisions that we make. When choosing that decision we are choosing that decision for all. ..”When choosing for himself he chooses for all mankind..” (Cohen- solal 1996 pg, 67) Satre utilised Kierkegaards example of Abraham sacrificing his son as a result of a divine command in which to explain anguish more clearly. Stare sates that is it Abraham’s choice in which to interpret the command as divine or god like. To satre the freedom is the value of all values that we can experience aguish as a result of the responsibility of being truly free, however satre suggested that we are also condemned to be free, resulting in anguish felt......

Words: 1299 - Pages: 6

Philosophy

...of New York All rights reserved Printed in the United States of America No part of this book may be used or reproduced in any manner whatsoever without written permission. No part of this book may be stored in a retrieval system or transmitted in any form or by any means including electronic, electrostatic, magnetic tape, mechanical, photocopying, recording, or otherwise without the prior permission in writing of the publisher. For information, address State University of New York Press, 90 State Street, Suite 700, Albany, NY 12207 Production, Laurie Searl Marketing, Fran Keneston Library of Congress Cataloging-in-Publication Data Mason, Richard, 1948– Understanding understanding / Richard Mason. p. cm. — (SUNY series in philosophy) Includes bibliographical references and index. ISBN 0-7914-5871-7 (alk. paper) — ISBN 0-7914-5872-5 (pbk. : alk. paper) 1. Comprehension (Theory of knowledge) I. Title. II. Series. BD181.5.M27 2003 121—dc21 2003042557 10 9 8 7 6 5 4 3 2 1 for Margie Contents INTRODUCTION, 1 CHAPTER ONE WHAT WE UNDERSTAND, 7 CHAPTER TWO HOW WE UNDERSTAND, 21 CHAPTER THREE UNDERSTANDING AND KNOWLEDGE, 39 CHAPTER FOUR INTELLIGIBILITY, 51 CHAPTER FIVE FAILURES OF UNDERSTANDING, 67 CHAPTER SIX BEYOND UNDERSTANDING, 89 viii CONTENTS CHAPTER SEVEN WISDOM, 105 NOTES, 115 BIBLIOGRAPHY, 125 INDEX OF NAMES, 131 Introduction A physicist tries to understand quantum mechanics. A parent tries to understand a......

Words: 57755 - Pages: 232