May 29, · The global pattern has not been as consistent when it comes to social hostilities involving religion. One category of social hostilities has increased substantially – hostilities related to religious norms (for example, harassment of women for violating religious dress codes) – driving much of the overall rise in social hostilities involving religion Crowd psychology, also known as mob psychology, is a branch of social blogger.com psychologists have developed several theories for explaining the ways in which the psychology of a crowd differs from and interacts with that of the individuals within it. Major theorists in crowd psychology include Gustave Le Bon, Gabriel Tarde and Sigmund Freud Aug 08, · The notion of collective responsibility, like that of personal responsibility and shared responsibility, refers in most contexts to both the causal responsibility of moral agents for harm in the world and the blameworthiness that we ascribe to them for having caused such harm. Hence, it is, like its two more purely individualistic counterparts, almost always a notion of moral, rather than
Collective Responsibility (Stanford Encyclopedia of Philosophy)
This entry considers natural law theories only as theories of law, violating social norms essays. That is not to say that legal theory can be adequately identified and pursued independently of moral and political theory. Nor is it to deny that there are worthwhile natural law theories much more concerned with foundational issues in ethics and political theory than with law or legal theory. Natural law theorists, violating social norms essays, on the other hand, violating social norms essays, did not conceive their theories in opposition to, or even as distinct from, legal positivism contra Soper at Natural law theory accepts that law can be considered and spoken of both as a sheer social fact of power and practice, and as a set of reasons for action that can be and often are sound as reasons and therefore normative for reasonable people addressed by them.
But because legal theories conceived of by their authors as positivist are, by and large, dominant in the milieux of those likely to be reading this entry, it seems appropriate to refer to those theories along the way, in the hope of overcoming misunderstandings that while stimulating certain clarifications and improvements of natural law theorizing have generated some needless debate.
The point made in the preceding paragraph is made in another way by Orrego Orrego necessarily or most appropriately tackles the related matters just listed, and accordingly b by the incompleteness of their theories of law, that is, the absence from them and usually, though not always, from their accounts of those related matters of systematic critical attention to the foundations of the moral and other normative claims that they make or presuppose, violating social norms essays.
In short: a natural law theory of the nature of law seeks both to give an account of the facticity of violating social norms essays and to answer questions that remain central to understanding law. What role should law play in adjudication? What claim has law on our obedience? What laws should we have? And should we have law at all? All these questions, though organized and articulated a little differently, are under consideration in the present entry.
The fulcrum and central question of natural law theories of law is: How and why can law, and its positing in legislation, judicial decisions, and customs, give its subjects violating social norms essays reason for acting in accordance with it? The sense and force of these questions, and the main features of the kind of answer given by natural law theories, can be given a preliminary indication.
Green and Adams On the other hand cf. The first issue that Aquinas takes up about human law in his set-piece discussion of law, Summa TheologiaeI-II, q. And see I. Classic and leading contemporary texts of natural law theory treat law as morally problematic, understanding it as a normally indispensable instrument of great good but one that readily becomes an instrument of great evil unless its authors steadily and vigilantly make it good by recognizing and fulfilling their moral duties to do so, both in settling the content of its rules and principles and in the procedures and institutions by which they make and administer it.
Natural law theories all violating social norms essays law as a remedy against the great evils of, on the one side anarchy lawlessnessand on the other side tyranny. If one thinks perceptively and carefully about what to pursue or shun and do or forbear fromone can readily understand and assent to practical propositions such as that life and health, knowledge, and harmony with other people are desirable for oneself and anyone else.
Such high-level but far from contentless moral principles can be given further specificity in two ways 1 by identifying what, given some broadly stable features of human reality, they entail see 1. Political communities are a kind of institution whose rational status as a normally desirable and obligatory objective of and context for collaborative action and forbearance can easily be seen to be entailed by violating social norms essays foundational practical and moral principles, violating social norms essays.
In such communities, the normal means for making the needed determinationes is the institution of governmental authority acting in the first instance through legislation and other forms of law-making, i. The political-theoretical part of natural law theory explains and elaborates the grounds and proper forms of governmental authority.
It explains the similarities and differences between the practical authority of rulers including democratic electors acting as selectors of representatives or as plebiscitary decision-makers and the theoretical authority of experts and persons of sound judgment.
It shows the grounds for instituting and accepting practical authority as an almost invariably necessary means violating social norms essays preventing forms of harm and neglect which, because contrary to the high-level moral principles at least as they bear on relationships between personsinvolve injustice. Political theory subsumes, as one of its branches, legal theory. Knowledge of the factual possibility of say acquiring knowledge, or of losing or saving life, is a datum not really a premise for the understanding that such a possibility is also an opportunity—that actualizing the possibility would be good for oneself and others.
make 1. The texts that are earliest e. In such a state of affairs, violating social norms essays, the more strong, cunning and ruthless prey on the less, education of children which calls for resources outside the family is difficult to accomplish, and economic activity remains stunted by the insecurity of holdings and the unreliability of undertakings.
There is evident need for persons who will articulate and enforce standards of conduct which will tend to promote the common good of bodily security, stable access to resources, cooperation in economic and educational activities, and rectification by punishment, compensation and restitution of at least the grosser inter-personal injuries of commission and neglect. To articulate that need is to state the reasons for instituting and supporting political authority, notably state government and law, violating social norms essays, on condition that these institutions carry on their legislative, executive and judicial activities substantially for the common good of the inhabitants of the relevant territory, rather than in the interests of a segment of the population unfairly indifferent or hostile to the interests and wellbeing of other segments, violating social norms essays.
Aristotle Politics III. He takes his arguments to suggest the answer that in almost all societies, on almost all occasions and issues, it is preferable that government be by or in accordance with law, since i laws are products violating social norms essays reason s not passion sii the sovereignty of a ruler or assembly tends to tyranny i. So for Aristotle, the central case of practical authority is government of a polis by law and legally regulated rulers.
He shows that these hang together as a set of desiderata or requirements because they are implications or specifications of the aspiration and duty to treat people as presumptively entitled—as a matter of fairness and justice—to be ruled as free persons, fundamentally the equals of their rulers, not puppets or pawns to be managed and kept in order by manipulation, uncertainty, fear, etc.
This thesis has been elaborated more carefully and on a different basis by Raz and Kramer a and b: although the rule of law and compliance with it can be morally important and even a moral virtue because normally necessary for fully just government in a just society, violating social norms essays, and especially for alleviating dangers that arise from the existence of political authority, and of law itselfit is nonetheless in itself morally neutral since in states which employ the forms of law it will normally be needed even violating social norms essays deeply unjust rulers for advancing their immoral purposes.
It is like a sharp knife, whose sharpness makes it apt for life-saving surgery but equally for stealthy callous murders Raz—6. Finnis —4 and Simmondsviolating social norms essays, have challenged the quasi-empirical claim that even vicious tyrants need or find it apt, for the efficacy of their domination, to comply with the requirements of the rule of law. A more or less inconsistent willingness of rulers to tie their own hands by scrupulous adherence to procedural justice while yet being substantively unjust, is of course psychologically possible.
Fuller offered a merely procedural natural law theory, though he did not deny that a substantive natural law theory is possible and appropriate.
And indeed there is no sufficient reason to follow him in restricting the range of practical-theoretical reflection violating social norms essays what is needed for a political society worthy of the self-restraints and acceptance of responsibilities that the law requires of those to whom it applies. For it is clear that the procedures and institutions of law are in the service of substantive purposes: the restriction of violence, violating social norms essays, theft and fraud, the recovery of things misappropriated from their lawful owners or possessors, and of losses wrongfully imposed, protection of intangible goods such as reputation violating social norms essays unwarranted defamation, and of the immature, the mentally disabled and other vulnerable people against sexual or other exploitation, and so forth.
That portion of our positive law which consists of legal principles or rules giving effect to purposes such as those just listed was often named, violating social norms essays, by natural law theories, ius [or jus ] gentium. Minted by jurists of classical Roman law such as Gaius c.
The reason for their ubiquity is, generally speaking, that any reasonable consideration of what it takes for individuals, violating social norms essays, families and other associations to live together in political society, tolerably well, will identify these principles and rules as necessary.
In the common law tradition, the legal wrongs picked out by such principles have been called mala in seas distinct from mala prohibita —things wrong in themselves as distinct from things wrong only because prohibited by positive law—and this distinction remains, for good reason, in use in judicial reasoning. Hart can be so read. His explanation, slightly updated: this very large part of our law could reasonably have been different, violating social norms essays, in the way that every detail of a maternity hospital could have been somewhat different and large portions of the design could have been very different, even though some features e.
The kind of rational connection that holds even where the architect has wide freedom to choose amongst indefinitely many alternatives is called by Aquinas a determinatio of violating social norms essays s —a kind of concretization of the general, a particularization yoking the rational necessity of the principle with a freedom of the law-maker to choose between alternative concretizations, a freedom which includes even elements of in a benign sense arbitrariness.
The new or amended legal rule gives judges, other officials, and citizens a new or amended reason for action or forbearance. The moral normativity of the principle is replicated in the more specified rule created by the determinatioeven though the latter is not an entailment of the former.
That is to say: the concretized rule is morally as well as legally normative because such normativity is presumptively and defeasibly entailed by the moral principle that the common good whose fundamental content is given by the foundational principles of practical reason: 1, violating social norms essays. Thus, in relation to the settled positive law, natural law theory—as is acknowledged by a number of legal positivists, e, violating social norms essays.
The legal-moral obligation or obligatoriness of a legal rule is counterpart to the legal-moral authority or authoritativeness of its author enacter or other source. The idea of authority has been clarified by contemporary legal theorists such as Raz and Hart, by reflection upon the kind of reasons for action purportedly given to potentially acting subjects by an exercise of practical authority.
The relevant kind of practical reason has been variously called exclusionary, peremptory or pre-emptive, and content-independent. The core idea is that subjects are instructed to treat the proffered reason say, a statutory provision, or a judicial orderin their deliberations towards choice and action, as a reason which does not simply add to the reasons they already have for acting one way rather another, but rather excludes and takes the place of some of those reasons.
See e. This content-independence of authoritative reasons entails their presumptive obligatoriness. Less abstractly put, both the effectiveness of laws as solutions to coordination problems and promoters of common good, violating social norms essays, and the fairness of demanding adherence to them, are dependent upon their being treated both by the subjects and the administrators of the legal system as legally and morally entitled, precisely as validly made law, to prevail against all other reasons save competing moral obligations of greater strength.
It is this entitlement that is negated by the serious injustice of a law or legal system: see 3 and 4 below. That thesis falls within those parts of legal theory that are acknowledged but not much explored by contemporary legal positivists. It was ignored and in effect denied by earlier forms of legal positivism more ambitious to cover the whole of legal philosophy, e.
Kelsen denied that persons were known either to law or to a proper legal theory or science of law, except insofar as they were made the subject of a posited legal rule. But against this restriction, which has misled some courts which have treated Kelsenian legal science as a guide to judicial reasoning, it can be said Finnis that the fundamental equality and dignity of human beings should defended as part of a rationally sound understanding concept of law.
This defense requires an account of the difference between capacities which are activated here and now, or are more or less ready to be so actuated, violating social norms essays, and radical capacities such as exist in the epigenetic primordia of even very young human beings, and in the genetic and somatic constitution of even the severely disabled. Though such an account makes possible a defense of the fundamental equality of human beings, and thus a humanist legal theory, the point of the account is not to violating social norms essays a biological species as such, but to affirm the juridical significance of the status of persons—substances of a rational nature—as inherently the bearers subjects of rights of a kind different and more respect-worthy and end -like than the rights which are often, as a matter of technical meansattributed by law to animals, idols, ships or other objects of legal proceedings.
Natural law theory concurs with Raz and Gardner in rejecting the inclusivist restriction as ungrounded, violating social norms essays, but dissents from them in holding as Dworkin does too: Dworkin47 that any moral rule or principle which a court is bound to apply or reasonably can applyprecisely as a court, can reasonably be counted or acknowledged as a law, i.
Such rules belong to the ius gentium portion of our law. Does this amount to acknowledging that natural law theory is significantly less concerned than contemporary legal positivist theories to establish the precise boundaries and content of the social-fact sourced posited, purely positive law of our community? Not really, violating social norms essays.
The result of these rulings might be accounted for i by exclusive positivism: the tribunal was morally authorized to apply moral rules, notwithstanding that the rules so applied were not rules of law either at the time of the crimes or the time of the prosecution, violating social norms essays. But the terms of the rulings as just summarized can be accounted for ii by inclusive positivism: the Charter was positive law for the tribunal and directed it to apply moral rules which by virtue of that legal direction were also legal rules.
Violating social norms essays adjudication and judicial reasoning has two dimensions or criteria for distinguishing correctness from violating social norms essays in judgments. One dimension comprises social-fact sources statutes, precedents, practice, etc. Dworkin—7, In the absence of such a single measure, legal reasoning must often—and in very hard cases, usually—be content to show that two or three alternative interpretations are distinguished from an indefinitely large number of other interpretations by being correct, that is, not wrong albeit not uniquely correct.
ii When judges, in order to avoid grave injustice, depart from the settled understanding of the law and perhaps from the clear terms of a decree and apply an alternative, morally mandated interpretation, regarding themselves as licensed to do so by the higher law of reason, violating social norms essays, nature and humanity, they need not be lying if they say that in doing so they are both rectifying and applying the law of their state.
See 4 below. As to [2]: A natural law theory, mindful of the normal desirability of a rule of law and not of judges see 1. On those occasions where such a departure is morally warranted, violating social norms essays, the theory will suggest that the judge is authorized to proceed according to the higher and perennial law of humanity, the ius gentium or set of universal principles of law and justice common to all civilized peoples, violating social norms essays, which deprives settled law—more precisely, what has been accepted in the jurisdiction as being settled law—of its directiveness for subjects and judges alike.
The following section argues that that question should be answered both Yes violating social norms essays No. In such a case, does the law as settled by social-fact sources, in losing its directiveness for judges and citizens, lose also its legal validity?
The answer violating social norms essays upon the discursive context in which the question arises, violating social norms essays.
Or if the discursive context makes it appropriate instead to point up its lack of directiveness for judges and subjects alike, one can say that the rule, despite its links to violating social norms essays sources, is not only not morally directive but is also legally invalid. The excitement and hostility aroused amongst modern legal theorists notably Hart by the former way of speaking is unwarranted. It is thus law only in a sense that should be judged—especially when law is regarded, as by Hart himself, violating social norms essays, as a kind of reason or purported reason for action—to be a distorted and secondary, non-central sense.
Some theories have adopted certain main tenets of natural law theory, and professed to be natural law theories, but have asserted that even the most unjust laws create an obligation to obey which is both legal and moral. Violating social norms essays this as in many other respects, seventeenth and eighteenth century philosophical developments like their twentieth and twenty-first century counterparts were not so much progress as regress.
But precisely how the classic position itself should be formulated, explained and applied today is debated between Alexy, Finnis and others Alexy ; Finnis ; Crowe Descriptions of the valuations made by particular persons or societies can violating social norms essays course be value-free. Doubtless the historian, violating social norms essays, detective or other observer thinks there is some value in making the investigation and resultant description, but that valuation in no way need enter into the description.
Still less need the description either approve or disapprove of the valuations which it reports. Here one confronts the necessity of selecting and prioritizing not merely the investigation itself but rather some one set of concepts and corresponding terms from among or over and above the range of terms and concepts already employed in the self-understanding of the individuals and groups under or available for study.
The Social Norm - Learning and Understanding Social Skills
, time: 10:16Natural Law Theories (Stanford Encyclopedia of Philosophy)
May 29, · The global pattern has not been as consistent when it comes to social hostilities involving religion. One category of social hostilities has increased substantially – hostilities related to religious norms (for example, harassment of women for violating religious dress codes) – driving much of the overall rise in social hostilities involving religion Aug 08, · The notion of collective responsibility, like that of personal responsibility and shared responsibility, refers in most contexts to both the causal responsibility of moral agents for harm in the world and the blameworthiness that we ascribe to them for having caused such harm. Hence, it is, like its two more purely individualistic counterparts, almost always a notion of moral, rather than Admission Essays & Business Writing Help. An admission essay is an essay or other written statement by a candidate, often a potential student enrolling in a college, university, or graduate school. You can be rest assurred that through our service we will write the best admission essay for you
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