Frank van Dun Ph.D., Dr.Jur. - Senior lecturer Philosophy of Law.
Table of Contents
Theories of Law
Legal Positivism: Austin
Commands and Obligations
The Natural Law Theory: Aquinas
Law and Morality
The Prediction Theory: Holmes
Laws as Norms: Kelsen
Fuller's Critique of Positivism
The lawful and the legal
Legal positivism and Natural law
Critique of positivism from a natural law perspective
Natural law: metaphysics and moralism versus naturalism
An etymological analysis
Justice and equality
Liberty, freedom and right
Ius and lex
Right, ius, and property
Law and society
Peace, friendship, freedom, and property
Two concepts of society
Two concepts of justice
The logic of law
Jurisprudence as the rational discipline of justice
The Nature of Law
I. Law and Order Without Government
Varieties of Law
Public Goods vs. Public Choice
II. The Three Functions of Law
Why Three Functions?
Should Law Be Monopolized?
Locke's Case for Monocentric Law
The Lockean Case Against Locke
III. Law vs. Legislation
Socrates on Law
Two Senses of Law
Natural Law and Human Law
Natural Law and Customary Law
IV. The Basis of Natural Law
Is There Room for Natural Law?
Who Has the Burden of Proof?
Objection One: Natural Law Serves No Useful Purpose
Objection Two: There Couldn't Be Such a Thing as Natural Law
Objection Three: Even If There Were a Natural Law, It Would Be Unknowable
Objection Four: Evolutionary Explanations Make Natural Law Obsolete
Order and conflict
War and peace
Optimists and pessimists
The question of natural law
The problem of political philosophy
The causes of conflict and war
Conditions of order and peace
Respect for law or property
X. OF POWER, WORTH, DIGNITY, HONOUR AND WORTHINESS
XI. OF THE DIFFERENCE OF MANNERS
XIII. OF THE NATURAL CONDITION OF MANKIND
XIV. OF THE FIRST AND SECOND NATURAL LAWS; OF CONTRACTS
XV. OF OTHER LAWS OF NATURE
XVI. OF PERSONS, AUTHORS, AND THINGS PERSONATED
XVII. OF THE DEFINITION OF A COMMONWEALTH
XVIII. OF THE RIGHTS OF SOVEREIGNS BY INSTITUTION
XXI. OF THE LIBERTY OF SUBJECTS
XXVI. OF CIVIL LAWS
XXIX. OF THOSE THINGS THAT WEAKEN A COMMONWEALTH
XXX. OF THE OFFICE OF THE SOVEREIGN REPRESENTATIVE
SECOND TREATISE OF GOVERNMENT
II. Of the State of Nature
III. Of the State of War
IV. Of Slavery
V. Of Property
VI. Of Paternal Power
VII. Of Political or Civil Society
VIII. Of the Beginning of Political Societies
IX. Of the Ends of Political Society and Government
X. Of the Forms of a Common-wealth
XI. Of the Extent of the Legislative Power
XII. Of the Legislative, Executive, and Federative Power of the Common-wealth
XIII. Of the Subordination of the Powers of the Common-wealth
XIV. Of Prerogative
XV. Of Paternal, Political, and Despotical Power, considered together
XVI. Of Conquest
XVII. Of Usurpation
XVIII. Of Tyranny
XIX. Of the Dissolution of Government
THE SOCIAL CONTRACT
1. SUBJECT OF THE FIRST BOOK
2. THE FIRST SOCIETIES
3. THE RIGHT OF THE STRONGEST
5. WE MUST ALWAYS GO BACK TO A FIRST CONVENTION
6. THE SOCIAL COMPACT
7. THE SOVEREIGN
8. THE CIVIL STATE
9. REAL PROPERTY
1. SOVEREIGNTY IS INALIENABLE
2. SOVEREIGNTY IS INDIVISIBLE
3. WHETHER THE GENERAL WILL IS FALLIBLE
4. THE LIMITS OF THE SOVEREIGN POWER
5. THE RIGHT OF LIFE AND DEATH
7. THE LEGISLATOR
8. THE PEOPLE
9. THE PEOPLE (continued)
10. THE PEOPLE (continued)
11. THE VARIOUS SYSTEMS OF LEGISLATION
12. THE DIVISION OF THE LAWS
1. GOVERNMENT IN GENERAL
2. THE VARIOUS FORMS OF GOVERNMENT
3. THE DIVISION OF GOVERNMENTS
7. MIXED GOVERNMENTS
8. ALL FORMS OF GOVERNMENT DO NOT SUIT ALL COUNTRIES
9. THE MARKS OF A GOOD GOVERNMENT
10. THE ABUSE OF GOVERNMENT
11. THE DEATH OF THE BODY POLITIC
12. HOW THE SOVEREIGN AUTHORITY MAINTAINS ITSELF
13. THE SAME (continued)
14. THE SAME (continued)
15. DEPUTIES OR REPRESENTATIVES
16. THE INSTITUTION OF GOVERNMENT IS NOT A CONTRACT
17. THE INSTITUTION OF GOVERNMENT
18. HOW TO CHECK THE USURPATIONS OF GOVERNMENT
1. THAT THE GENERAL WILL IS INDESTRUCTIBLE
4. THE ROMAN COMITIA
5. THE TRIBUNATE
6. THE DICTATORSHIP
7. THE CENSORSHIP
8. CIVIL RELIGION
ON THE JEWISH QUESTION
ECONOMIC AND PHILOSOPHICAL MANUSCRIPTS 1844
Private Property and Labour Political Economy as a Product of the Movement of Private Property
Private Property and Communism
Human Requirements and Division of Labour Under the Rule of Private Property
THE GERMAN IDEOLOGY
Part I FEUERBACH
OPPOSTION OF THE MATERIALIST AND IDEALIST OUTLOOK
First Premises of Materialist Method
History: Fundamental Conditions
Private Property and Communism
History as a Continuous Process
Human Dignity: Reason or Desire?
I. Human Rights in the Universal Declaration
Contradictions and Practical Problems
A Hobbesian Predicament
II. Rights in the Classical Tradition
Claims and Rights
Human Dignity and Human Nature
Having Rights and Being a Person
Human Rights, Moral Perfectionism and Natural Law
III. Hobbes and Human Rights
A Hobbesian Legacy
SUMMA THEOLOGICA (IaIIae 90-100)
Whether law is something pertaining to reason?
Whether the law is always something directed to the common good?
Whether there is a human law?
Whether promulgation is essential to a law?
Whether there is an eternal law?
Whether there is in us a natural law?
Whether there is a human law?
Whether there was any need for a Divine law?
Whether an effect of law is to make men good?
Whether the eternal law is known to all?
Whether every law is derived from the eternal law?
Whether all human affairs are subject to the eternal law?
Whether the natural law is a habit?
Whether the natural law contains several precepts, or only one?
Whether all acts of virtue are prescribed by the natural law?
Whether the natural law is the same in all men?
Whether the natural law can be changed?
Whether the law of nature can be abolished from the heart of man?
Whether every human law is derived from the natural law?
Whether human law should be framed for the community or the individual?
Whether it belongs to the human law to repress all vices?
Whether human law prescribes acts of all the virtues?
Whether human law binds a man in conscience?
Whether all are subject to the law?
Whether human law should be changed in any way?
Whether human law should be changed, whenever something better occurs?
Whether custom can obtain force of law?
Whether all the moral precepts of the Old Law are reducible to the decalogue?
Whether the mode of virtue falls under the precept of the law?
SUMMA THEOLOGICA (IIaIIae 57-66)
Whether right is the object of justice?
Whether right is fittingly divided into natural right and positive right?
Whether the right of nations is the same as the natural right?
Whether paternal right and right of dominion should be distinguished?
Whether justice is the perpetual and constant will to render to each one his right?
Whether justice is a virtue?
Whether particular justice has a special matter?
Whether the act of justice is to render to each one his own?
Whether justice stands foremost among all moral virtues?
Whether we can suffer injustice willingly?
Whether judgment is an act of justice?
Whether it is lawful to judge?
Whether it is unlawful to form a judgment from suspicions?
Whether doubts should be interpreted for the best?
Whether we should always judge according to the written law?
The parts of justice
Whether commutative and distributive justice are suitably assigned?
Whether the mean is to be observed in distributive as in commutative justice?
Whether restitution is an act of commutative justice?
Whether it suffices to restore the exact amount taken?
Whether a man is bound to restore what he has not taken?
Whether he that has taken a thing is always bound to restitution?
Whether restitution is binding on those who have not taken?
Vices opposed to distributive justice
Whether respect of persons is a sin?
Vices opposed commutative justice
Whether it is unlawful to kill any living thing?
Whether it is lawful to kill sinners?
Whether it is lawful to kill oneself?
Whether it is lawful to kill the innocent?
Whether it is lawful to kill a man in self-defense?
Whether one is guilty of murder through killing someone by chance?
Other injuries committed on the person
Whether in some cases it may be lawful to maim anyone?
Whether it is lawful for parents to strike their children, or masters their slaves?
Whether it is lawful to imprison a man?
Whether the sin is aggravated by the fact that the aforesaid injuries are perpetrated on those who are connected with others?
Theft and robbery
Whether it is natural for man to possess external things?
Whether it is lawful for a man to possess a thing as his own?
Whether theft is always a sin?
Whether it is lawful to steal through stress of need?
AN INTRODUCTION TO THE PRINCIPLES OF MORALS ANS LEGISLATION
I. Of The Principle Of Utility.
II. Of Principles Adverse to that of Utility
III. Of the Four Sanctions or Sources of Pain and Pleasure
IV. Value of a Lot of Pleasure or Pain, how to be Measured
VII. Of Human Actions in General
Natural Law, Liberalism and Christianity
Theistic and atheistic religions
The biblical account of natural law
The millenarian challenge
The gnostic challenge
Marx as gnostic
The politics of liberation versus the politics of liberty
Gnosticism as the religion of the modern intellectual
The decline of natural law and liberalism
Liberalism without natural law
Natural law and The State
Political and economic methods
Natural law and politics
Economics or politics: which is the master science?
The state as the organisation of the political method
Monopolistic and competitive supply of violence
Lawful and unlawful uses of force
The Rule of Law