Philosophy of Law flashcards

What are the two main categories of philosophy?

Theoretical and practical philosophy

What is theoretical philosophy?

Seeks rational understanding of fundamental facts about the nature of reality (the way the world is)

What is practical philosophy?

Seeks rational insight into the proper values for living well (the way the world ought to be)

What are the three characteristics of theoretical philosophy?

Facts, what is, non action-guiding

What are the three characteristics of practical philosophy?

Values, what ought to be, action-guiding

Who has theoretical and practical philosophy?

Everyone with minimal cognitive capacity.

Just because someone has a fundamental philosophy, doesn’t mean:

That they do philosophy

What does doing philosophy require?

Exercising a particular skill set involving one’s fundamental beliefs, questioning them, clarifying them, and using reason to justify them, if possible. (A philosophical person will do this well and will do this as a habit.

Doing philosophy essentially and inherently requires:

A commitment to reason/rationality. This involves a commitment to an accurate representation of experience and the laws of logic.

To be a good philosopher requires:

Practice, discipline, and skill. It is entirely possible to do it well or poorly. In this respect, it is very similar to empirical science.

What is the definition of philosophy?

The discipline of rational inquiry into the truths of, reasons for, and meaning of our fundamental beliefs (those that cannot be determined by empirical science), undertaken in order to gain theoretical and practical wisdom.

What are religious beliefs?

Beliefs in particular religions and beliefs about religion (includes belief in particular religions, and belief in atheism and agnosticism). Many people are members of a religion, and many religious beliefs count as fundamental theoretical and/or practical beliefs.

What is an example of a fundamental theoretical belief in religion?

The belief that God exists

What is an example of a fundamental practical belief in religion?

The belief that one should obey God’s moral commands.

What is the translation of philosophy?

“philo-sophia”: the love of wisdom

What does rational inquiry mean in the definition of philosophy?

Rational method; must follow the laws of logic and reason (like science)

What does ‘truth of’ mean in the definition of philosophy?

We must follow where reason leads, not be guided by what we want to know

What does ‘reasons for’ mean in the definition of philosophy?

Doing philosophy requires backing up our beliefs with arguments

What does ‘meaning of’ beliefs mean in the definition of philosophy?

Doing philosophy well requires clarifying the meaning of our key terms/concepts. You can tell that someone has a philosophical disposition if they often ask, “what do you mean by that?”

What does fundamental beliefs mean in the definition of philosophy?

Basic beliefs that organize our thoughts in general about the world and how we live in it?

What are the three primary branches of theoretical philosophy?

Metaphysics, epistemology, and logic

What are the two primary branches of practical philosophy?

Normative ethics and normative social-political philosophy

What is metaphysics?

Studies the ultimate nature or features of reality

What is epistemology?

Studies the nature of knowledge and the justification of knowledge claims

What is logic?

Studies the nature of inferential reasoning (“given this, therefore that”)

What is normative ethics?

Studies how one ought to live?

What is normative social-political philosophy?

Studies how societies ought to be organized

What are the two reasons to study philosophy?

Intrinsic and instrumental value reasons

What is the intrinsic value reason to study philosophy?

You consider it inherently satisfying/ increasing your quality of life

What is the instrumental value reason to study philosophy?

Doing it allows you to get some further thing you want

What are the fundamental concepts of the philosophy of law?

Assumptions, claims that clarify the law

What is the point of the philosophy of law?

Law is everywhere!

What are some sample questions in the philosophy of law?

What is a law?

What is the relationship between law and morality?

What does legal validity mean?

What makes a law valid?

What is the common law tradition?

Proceeds primarily through judicial decisions, focused heavily on precedent, it’s also the dominant American law tradition (inherited from England)

What is the civil law tradition?

Favors comprehensive written codes, enacted by legislatures, french law

Common law favors the; civil law favors the:

judiciary; legislative

In practice, these traditions are often:

Combined; in the US, we are called a common law system, but we’re really more of a hybrid

What are the three reasons to talk about the basics of philosophy?

Widespread ignorance, widespread misconceptions, and common prejudices

What are the widespread ignorances about philosophy?

A lot of people simply don’t know what philosophy is

What are the widespread misconceptions about philosophy?

A lot of people think they know what philosophy is, but have misconceptions

What are the common prejudices about philosophy?

There are a lot of groundless biases about philosophy that should be overcome.

How are philosophy and science similar?

They both use reason to try and understand the world. Both attempt to justify their findings with evidence and reasoned argumentation. Both are committed to observing the laws of logic.

How are philosophy and science dissimilar?

Philosophy tends to ask more abstract questions that are less compliant to determination using strict scientific method (that science is not well-suited to answer). Philosophy asks questions about what is good/bad/right/wrong (practical philosophy,) but strict empirical science is not well suited for this.

How are philosophy and religion similar?

Both seek to address fundamental questions about the nature of the world and how we should live within it.

How are philosophy and religion dissimilar?

Philosophy uses reason to inquire about everything, and does not involve any faith components, while many religions ‘begin’ with doctrinal elements that are taken on faith.