Analysing Legal Concepts

  1. Plato’s Philosophy of Justice:
    1. He would agree that people should not obey the laws made by government because he felt that law had no bearing on justice.
    2. Human laws can never be perfect since neither are we.
    3. Disobedience of a law that you know to be unjust would be considered just in Plato’s eyes because unjust laws do not serve justice.
    4. According to Plato, laws are made to protect the interests of the people who make them & those who obey them are not helping themselves.
  2. Universal laws & Civil laws.
    1. Justinian’s philosophy of justice in the law would support Dr. King’s statement because he felt that everyone should have equal rights in society in order for it to be a just one.
  3. Ideal justice, in St. Augustine’s view, was Christian justice as set forth by God.
  4. Utilitarianism:
    1. Utilitarian laws:
      1. Taxes: They ensure an organised method of spending public money.
      2. Speed limit: Maintains road safety.
      3. Voting rights: Give us control over our government.
    2. If a law no longer fulfils it’s reason for existence then it has lost it’s utility. Utilitarianism is supposed to bring the most happiness to the most people so the opinion of the majority must be what counts when making decisions.
  5. Austin’s theory of justice:
    1. He would have disagreed with defiance of unjust laws because he felt that justice should not be the basis for evaluating laws.
    2. Order, protection & promoting general interest are definitely in keeping with advancing the greatest happiness.
    3. Agreed – we must assume that the law is just.