Law and Morality Final Exam Study Guide

What is Thomas Hobbes idea of the state of nature?

The state of nature is a hypothetical condition where there is no government, no authority, and no laws.

What justifies law and justice in Thomas Hobbes ideas?

Law and justice are only possible once people agree to a social contract, surrendering some of their freedoms to a sovereign (a ruler or governing body) in exchange for security and order.

What is the fundamental right of nature?

The Right of Nature (jus naturale) is the right of every person to use whatever means they consider necessary for self-preservation.

3 laws of nature

1. Seek peace when possible; if peace is not possible, use all means to defend yourself.

2. Be willing to give up some of your rights to create peace—if others will too.

3. Keep your covenants (agreements).

What is John Locke’s idea of the state of natural?

For Locke, the state of nature is a condition in which humans live without government but not without order.

What is the fundamental right of nature for John Locke?

Locke’s fundamental natural right is the right to preserve oneself—but also includes broader natural rights to life, liberty, and property.

What is the significance of law in the way ancient Israelites related to each other?

For the ancient Israelites, law was not just a legal code—it was a covenantal and moral framework rooted in their relationship with God.

Justice – 3 parts

1. Retributive justice – fair punishment for wrongdoing.

2. Restorative justice – focuses on restoring relationships and community well-being.

3. Distributive justice – fair and equitable distribution of resources and protection.

Cities of Refuge – what is their significance for a moral application of the law?

They were designated places where someone who had killed another unintentionally (manslaughter) could flee for protection. They show that justice must distinguish intent—not all killing is murder. Law should protect the innocent and provide for fair investigation.

Why were magistrates required to “inquire diligently” when investigating cases?

The command to “inquire diligently” emphasizes careful, fair, and thorough judgment.

Arithmetic equality vs. Geometric or Proportional equality

Arithmetic Equality: Treats everyone exactly the same, regardless of context.

Geometric (Proportional) Equality: Treats people equitably, taking into account their circumstances, status, or intent.

What are the three parts of Plato’s conception of the soul?

Rational (Logistikon) – The intellect; seeks truth and wisdom.

Spirited (Thumos) – The will or heart; source of courage, honor, and righteous indignation.

Appetitive (Epithumia) – Desires and appetites; hunger, lust, material cravings.

What are the five obligations we have to each other?

Justice – Giving others what is due to them; fairness and honesty.

Gratitude – Acknowledging benefits received and showing thankfulness.

Mercy – Showing compassion, especially when one has the right to punish.

Patriotism – Loyalty and duty toward one’s community or nation.

Familial Affection – Love and responsibility toward family members.

The golden rule and its expansion

“Do unto others as you would have them do unto you” Lewis argues that this principle is not just a Christian teaching but part of the Tao, a universal moral law.

Reason: Difference between “Ratio” and “Intellectus”

Ratio – Discursive, analytical, step-by-step thinking.

Intellectus – Intuitive, contemplative understanding.

Classical Influence: Greece and Rome. Jus Gentium, Jus Civile, Jus Naturale

Jus Gentium – law of nations (law of the people)

Jus Civile – Civil law (law of the citizens)

Jus Naturale – natural law

What is the fundamental principle of natural law?

“do good and avoid evil”

Eternal Law

The plan or wisdom of God by which He governs all creation. It is the source and foundation of all other laws.

Divine Law

The law revealed by God through Scripture (e.g., the Ten Commandments, teachings of Christ). It guides humans to their supernatural end—eternal happiness.

Natural Law

The participation of rational creatures in the eternal law. It is the moral law known by reason: to do good and avoid evil.

Human Law

The laws made by human authorities (governments, rulers) to order society. Should be based on natural law, applying it to particular situations.

How do all the laws interrelate?            

Eternal Law

               ↓

        ┌─────────────┐

        ↓             ↓

   Divine Law     Natural Law

                      ↓

                Human Law

Why does Thomas say that law is a “dictate of reason from ruler to ruled?”

law is a rational directive issued by someone with care for the community, not merely a command backed by power.

Why can’t the human law repress all vices?

law should aim at maintaining public order and justice, not perfecting every soul—that is the role of virtue, conscience, and divine grace.

7 Goods – what are they? Why are they significant for law-making?

Life – Includes bodily health, safety, and the preservation of human life.

Knowledge – Pursuit of truth, understanding, and learning.

Play – Enjoyment and recreation; engaging in activities for fun.

Aesthetic Experience – Appreciation of beauty in art, nature, or performance.

Sociability (Friendship) – Relationships of mutual care and respect. Practical

Reasonableness – The ability to make good decisions and lead a coherent, rational life.

Religion – Seeking answers to ultimate questions and living in harmony with a transcendent source (not necessarily tied to a specific faith tradition).

They give lawmakers a moral foundation for deciding what should or shouldn’t be legislated.

3 elements of justice

Respect for Persons as Equals - Each person has equal dignity and moral worth. Law must avoid arbitrary favoritism or discrimination.

Common Good - Justice aims at more than individual interests—it must serve the well-being of the entire community.

Principled Distribution - Benefits and burdens should be distributed based on relevant reasons (e.g., need, contribution, merit).

Distributive Justice and Commutative Justice

Distributive Justice - Concerns how society allocates resources, benefits, and burdens. Based on need, merit, function, or contribution.

Commutative Justice - Regulates private interactions and exchanges between individuals. Focuses on equality and fairness in transactions.

Hart vs. Fuller: View of law and morality and how did they differ?

Hart's legal positivism advocates a clear separation between law and morality, while Fuller’s natural law theory emphasizes the moral foundations and justice required for laws to be valid.

Hart maintained that law and morality are separate; the validity of a law does not depend on its moral content. A law could be immoral, yet still be legally valid if it was enacted according to the right processes. Fuller argued that law and morality are intertwined, asserting that a legal system must not only be procedurally correct but must also embody certain moral principles to be legitimate.

Why is law beneficial?

Sir Thomas More believes that law is beneficial because it provides a framework of order and justice.

Why should the devil have the benefit of law, according to Sir Thomas More?

law's benefit is not just for the righteous, but for everyone, and its fairness is essential for maintaining a just society.

When should one break the law?

Disobey unjust laws because they violate human dignity and moral principles, particularly when they are used to oppress or segregate people.

Why should we follow the law?

Follow just laws because they promote fairness, equality, and the common good.

Why is Lincoln concerned about mob violence?

Abraham Lincoln was concerned about mob violence because it represented a dangerous disregard for the rule of law, undermined civil liberties, and threatened the very foundation of the democratic system.

How does the Constitution reflect an idea of “higher law?”

Corwin argued that the Constitution, by providing limited government and enumerated rights, aligns with the belief that law must reflect fundamental moral principles—what can be called higher law.

What four things controlled the king in England?

The law of the land, the magna carta, parliamentary control, and divine right and god.

Why did Sir Edward Coke think there was no “Sovereign Power?”

Coke believed in the idea of a constitutional monarchy where sovereignty was not vested in the king alone, but in law and the shared institutions of government, specifically Parliament and the judiciary.

What are basic goods?

Life, knowledge, play, aesthetic experience, sociability, practical reasonableness, religion.  

How do the basic goods relate to the rights secured in the Bill of Rights, especially the First Amendment?

the First Amendment and the Bill of Rights help secure the basic goods necessary for human flourishing, especially in terms of individual freedoms related to expression, religion, assembly, and participation in government. These rights are vital for allowing people to live meaningful lives in a free society.

Dred Scott v. Sandford

Holding: The Supreme Court ruled that African Americans, whether free or enslaved, could not be considered U.S. citizens and had no standing to sue in federal court.

Moral Point: The case upheld the institution of slavery, reinforcing racial inequality and denying basic human rights to African Americans.

Plessy v. Ferguson

Holding: The Supreme Court upheld the constitutionality of racial segregation under the doctrine of "separate but equal."

Moral Point: The decision entrenched racial segregation and discrimination, justifying inequality in public facilities and services.

Korematsu v. US

Holding: The Supreme Court upheld the internment of Japanese Americans during World War II as a wartime necessity.

Moral Point: The ruling justified racial prejudice and the violation of civil liberties, sacrificing individual rights for national security during wartime.

Brown v. Board of Education

Holding: The Supreme Court ruled that racial segregation in public schools was unconstitutional, overturning "separate but equal" in the Plessy decision. Moral Point: The case marked a major step toward racial equality, affirming the principle that segregation is inherently harmful and unjust.

Buck v. Bell

Holding: The Supreme Court upheld the constitutionality of eugenic sterilization laws, allowing the forced sterilization of individuals deemed "unfit" for society.

Moral Point: The ruling justified state-sponsored infringement on individual autonomy and human dignity under the guise of public health and social welfare.

Skinner v. Oklahoma

Holding: The Supreme Court ruled that compulsory sterilization of individuals convicted of certain crimes was unconstitutional under the Equal Protection Clause.

Moral Point: The decision rejected the notion of eugenic policies as a legitimate government tool, affirming the right to individual bodily integrity.

Roe v. Wade

Holding: The Supreme Court recognized a woman’s constitutional right to have an abortion, striking down many state restrictions on abortion.

Moral Point: The case emphasized the importance of individual autonomy, particularly a woman’s right to make decisions about her body and reproductive health.

Dobbs v. Mississippi

Holding: The Supreme Court overturned Roe v. Wade, ruling that there is no constitutional right to abortion, and returned the authority to regulate abortion to individual states.

Moral Point: The decision redefined the scope of personal autonomy, emphasizing state power over individual reproductive rights.

How does the 14^th Amendment’s protection of “persons” reflect a moral view?

The 14th Amendment’s protection of "persons" reflects a moral view that emphasizes the inherent dignity and equality of every individual, regardless of race, ethnicity, or other distinctions.

Three types of Punishment, What are they?

Retributive Punishment: This form of punishment is based on the principle of justice and moral desert.

Deterrent Punishment: The purpose of this punishment is to deter others from committing crimes by making an example of the offender.

Rehabilitative Punishment: This type of punishment is focused on reforming the offender. 

How is property important in our constitutional system? (think Magna Carta, US Constitution, Amendments, etc.)

Property has a crucial role in both the Magna Carta and the U.S. Constitution as a foundational element of individual liberty and economic freedom. The protection of property rights is seen as essential to ensuring personal autonomy, freedom, and economic opportunity.

Tangible vs. Intangible Property

Tangible Property refers to physical objects that can be touched or seen, such as land, buildings, vehicles, and personal items.

Intangible Property refers to assets that do not have a physical form but still possess economic value, such as intellectual property (patents, trademarks, copyrights), stocks, bonds, and goodwill. 

Real Property vs. Personal Property

Real Property refers to land and anything permanently attached to it, like buildings, crops, and fixtures. 

Personal Property refers to movable items that are not attached to land or real estate, such as cars, furniture, electronics, and personal belongings. 

Relation between property and practical reason

Property is closely linked to practical reason because it provides individuals with the means to make rational decisions about how to use resources, plan for the future, and achieve personal goals.

6 principles for a just war

Just cause, legitimate authority, right intention, probability of success, last resort, proportionality.

3 principles for conducting a just war

Discrimination, proportionality in means, benevolent treatment of prisoners of war.

Pluralism and Law - What is their relationship?

In a pluralistic society, the law must navigate the tension between individual freedoms and social harmony. It ensures that people's rights to express their beliefs, practice their religion, and live according to their values are protected, but also works to prevent actions or behaviors that may infringe on the rights of others or disturb public order.

What are the limits of law?

Limit of control, limit of tolerance, limit of enforceability, moral vs. legal authority, cultural and social limitations.

West Virginia Board of Education v. Barnette (1943)

Holding: The Supreme Court ruled that public school students cannot be forced to salute the American flag or recite the Pledge of Allegiance, as it violates their First Amendment right to freedom of speech and religion.

Moral Point: The decision upholds the principle of individual freedom of conscience, emphasizing that the law must respect the diversity of personal beliefs in a pluralistic society, even when those beliefs conflict with majority practices.

Wisconsin v. Yoder (1972)

Holding: The Supreme Court ruled that the state could not compel Amish children to attend school beyond the eighth grade, as it infringed upon the Amish community’s right to practice their religion under the First Amendment.

Moral Point: The case underscores the right to religious freedom in a pluralistic society, recognizing that religious practices must be respected even when they conflict with state educational mandates.

Rosenberger v. Rector of University of Virginia (1995)

Holding: The Supreme Court ruled that the University of Virginia could not deny student religious groups funding for publications based solely on their religious content, as it violated the First Amendment’s guarantee of freedom of speech and religion.

Moral Point: The decision affirms the equal treatment of religious groups in a pluralistic society, emphasizing that the government should not discriminate against religious expression, ensuring that individuals and groups have equal access to public benefits.