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Flashcards covering the definition of justice, types of justice, the necessity of authority, types of law, and the evolution of human rights.
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Justice
The virtue of social life, the will to give each person what is theirs, recognizing a prior right.
Subject of Law
Only human beings can possess and claim rights. A human is considered as a person.
Iustitia est ad alterum
Justice is what we do to respect or treat others well.
Plato's Ideas on Justice
Justice is harmony of the soul and society, adjusting the individual in the soul and the collective in society. When everyone fulfills their duty, there is order and balance.
Distributive Justice
Distributes goods, burdens, or rewards in a community, aiming for each person to receive according to their merit, effort, or need.
Commutative Justice
Regulates relationships between equals to maintain balance in exchanges and contracts.
Legal Justice
Refers to compliance with laws and common norms for the well-being of society.
Necessity of Authority
Authority is needed to guarantee justice and the common good, to enforce laws, and to guide the search for what is just.
Functions of Authority
Ordering coexistence through norms and promoting the common good by ensuring rights and duties.
Requirements to Govern
Intellectual competence, submission to the law, limitation of mandate, respect for the division of powers, and humility.
Etymology of 'Law'
From Latin 'ligare' (to bind) or 'legere' (to read), referring to the obligation to act in a certain way or the discovery of law in nature.
Ideas About Law
Law acts as a rational guide, written law equates to equal rights, and law limits power to prevent oppression.
Natural Law
Moral norm discovered in human nature that is universal, objective, and permanent.
Positive Law
Written norm enacted by legitimate authority to regulate social coexistence in specific situations.
Legal Positivism
A school of thought stating that only human laws created and enacted by legitimate authority exist.
Historical Stages in the Foundation of Law
Divine law, natural law, positive law, human rights, and autonomy.
Characteristics of Human Rights and Autonomy Stages
Based on inherent human dignity but risks becoming too ambiguous, and the law may be seen as a result of individual freedom which can lead to excesses.
Derivation of Human Rights
Using human rights to justify any individual desire, even against natural moral law.
Dangers of Disconnecting Human Rights
Moral relativism, loss of human dignity, and weakening of law and justice.