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Honors Course in Greek

by: Gail Dare

Honors Course in Greek GREEK H195

Gail Dare

GPA 3.67


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Class Notes
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This 1 page Class Notes was uploaded by Gail Dare on Thursday October 22, 2015. The Class Notes belongs to GREEK H195 at University of California - Berkeley taught by Staff in Fall. Since its upload, it has received 32 views. For similar materials see /class/226677/greek-h195-university-of-california-berkeley in Greek at University of California - Berkeley.


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Date Created: 10/22/15
Legal Theories of the Western Tradition1 Role of law in society Law determines rights and responsibilities governing both the leadership and the individual in society Na tum La WNa tumism Positivx39sm The Law of Nature is the embodiment of the principle ofjustice Positive Laws are the laws made by states mostly by I Ozigins Developed by Greek Stoics Discussed by Aristotle in Nz39mmaebezm Etbm juxtz39m39an Code Governs relations among nations The law ofnature is that law which nature teaches to all animals For this law does not belong exclusively to the human race but belongs to all animals whether of the earth the air or the water Hence comes the union of the male and female which we term matrimony hence the procreation and bringing up of children We see indeed that all the other animals besides men are considered as having knowledge of this law 2 Middle Ages Natural Law is Christian Law 17 719th c Natural law is reason midilate 19thc Natural law is the law made by rational states Ozigins juxtz39m39an Code Civil law is made up of the laws made by a nation for its citizens Scholastics place human law the ordinance of reason in their system of laws although human law is inferior to divine law JeanJacques Rousseau s 171271778 opinion that individuals obtain true freedom by entering into societies governed collectively by general will developed the idea that justice can only be found through democratic decisionimaking leading to the idea that laws made by elected legislatures positive laws are the truest justice Georg Wilhelm Friedrich Hegel s 17707 1831 philosophy that ethical responsibility could only be determined by observing one s contemporaries furthered this stateibased idea ofjustice C on tcm porazy app13961 lions Common Law can also be seen as a type of Natural Law as it is based on how people have behaved over time Sir Edward Coke 155271634 C on tcm porazy app13961 lions Both legal systems in the West Common Law and Civil Law rely heavily on written laws Sir William Blackstone 172371780 wrote that parliamentary law should overrule common law because human laws are inspired by the law of nature While Natural Law and Posi vism are often juxtaposed as sources for justice their relationship can actually be quite uid as some will claim that nature or reason has inspired man made laws or that written laws may shape one s perception of what is rational 1 Where not otherwise attributed categories on this sheet are adapted from Edgar Bodenheimer Jurisprudence The Philosophy and Method of the Law Cambridge MA Harvard University Press 1962 2 Justinian Code The Institutes Book I Section I Medieval Legal History Sourcebaak Last modified March 4 2001 lthlzpwwwf0rdhameduhalsalVbasis535insriluleshzmlgt Created with cited resources by Hallie Fader at ORIAS Berkeley CA MayJuly 2004


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