Revolt Against Formalism and the Evolution of Legal Thought
Revolt Against Formalism
3. The Revolt
Faced with changing social circumstances during the late nineteenth and early twentieth centuries, a revolt against the formalist approach to law emerged. The Industrial Revolution not only empowered the bourgeoisie but also brought the working class to prominence, resulting in a fractured society with new problems and conflicts. The existing Civil Code, for example, addressed contracts but not employment contracts.
This period saw a resurgence of voluntarism
Read MoreThe Importance of Political Forces in a Democracy
The Role of Political Parties
Political forces are essential for a functioning democracy. Professor Huber highlights the vital role of political parties, stating that they are the “oil that lubricates the wheels of democratic machinery.” Without political parties to nominate candidates and lead discussions on important issues, public life would be significantly impoverished.
Although political parties are not the only political force, they are crucial for understanding the concept of democracy, which
Read MorePlato’s Philosophy: Soul, Knowledge, and Reality
Alma
Plato interprets the soul in two primary senses: as the enabler of vital activities, and, in humans, as the divine and immortal principle enabling knowledge and the good life. Through science and good deeds, the soul connects us to the divine and grants us an immortal destiny.
Concupiscible Soul
This mortal part of the human soul is responsible for passions, pleasures, and sensitive desires. In the “Myth of the Winged Chariot,” it’s the unruly horse, drawing the chariot towards the world of senses.
Read MoreUnderstanding Political Power, Authority, and the State
Political Power and Authority
What is Politics?
Politics is the activity of collective decision-making, typically within a state. There are various ways groups make decisions.
Cooperation and Conflict
Two philosophical traditions address cooperation and conflict in politics:
- Aristotelian Cooperation: Aristotle viewed humans as social animals who thrive in communities. He believed rational discourse leads to organization and the pursuit of common good.
- Machiavellian Conflict: Machiavelli, in The Prince,
Philosophical Perspectives on Human Nature and Society
Hume: Moral Judgments and Human Nature
Context
Eighteenth-century Enlightenment, contemporary of Newton and the classical physical theory. Hume represents the culmination of empiricism.
Topic
The varying use of language in universal and particular judgments.
Ideas
- Evaluative judgments are based on subjective feelings.
- Evaluative judgments are based on feelings acceptable to an audience.
- A universal principle of human nature must support the feelings in the second point.
Value
Contrasting language use in different
Read MoreKantian Ethics and the Enlightenment: A Philosophical Inquiry
Block II: The Enlightenment and Kant
1. The Enlightenment: An Overview
The Enlightenment, a broad cultural movement originating in Britain and flourishing in 18th-century France, swept across Europe. Immanuel Kant stands as a pivotal figure. Politically, enlightened despotism prevailed.
Key Characteristics:
- Metaphysics: Naturalism emerged, viewing nature as self-governing and independent of divine explanation.
- Epistemology: Emphasis on reason’s power to address all questions, independent of tradition