Monday, 27 October 2014

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Introduction to Philosophers

§  Pragmatism is the approach that assesses the truth of meaning of theories or beliefs in terms of the success of their practical application.
§  M.D.A Freeman in Lloyd’s à education on the teaching of dogma and authoritative thoughts are not worth the name. Such as religious and political concepts.
§  Examples of ideologies:-
ü  Political ideologies
-          Democrat, Republican, Libertarian, Communism and Green Party. Green Party is where they fight for non violence and also most importantly their agenda involves environmentalism. Example of Green Party are the United Tasmania Group contested for election in 1972 (Australia), Value Party (New Zealand) also about the same time. The origin of Green Party’s name is when it was formed in Britain. First it was from the Green Bans who workers protested against building of site which they find would be harmful to the environment for it reasons. In Europe, it was through the party name PEOPLE à Ecology Party à Green Party. This party was also known in 3rd world countries; Wangari Maathai won Nobel Prize in 2004 for making known this party in those countries. As for democracy, look into countries such as Malaysia although not entirely democratic in actual.
ü  Why does it provide that jurisprudence a camouflage of ideology?
-          Because the philosopher will first need to understand the law
-          They then need to analyse the method which is appropriate in dealing with what it is for
-          It will embody the ideologies which is based on what the philosopher thinks is correct and according to what he believes to be better and appropriate
-          It will be an approach to the legal theory and how well the philosopher can effectively legitimate what they have into the current state according to their understanding and logical reasoning and this is done according to their knowledge of the law.
-          Hence the saying that jurisprudence is a handmaiden of the ideology may be true because jurisprudence are ones knowledge of the law and an ideology is formed based on one’s belief on the matter according to his knowledge in the matter.

Jurisprudence is the study of theoretical questions about the nature of the law and legal systems, about relationship of law to justice and about the social nature of law.
§  Philip Soper à Problematique, how to solve a matter, a concept. Example Problematique of obligation, so it would mean the concept behind obligation, so what is the purpose of obligation? Why do we need to obey the law? That is the example.
ü  Philip Soper à there is a need to link political theory to concept of law to legal theory and the concept of obligation, therefore it is important to study jurisprudence.
(Philosopher will use their political theory that there must be a law governing, to the legal theory of what is law, to the reason of why we need to obey law and this can be done with jurisprudence study because as mentioned earlier jurisprudence is where the philosopher needs to understand the law, know its current state and apply it accordingly and this is based on how they legitimately bring in the concept of law and solve the issue with their logical analytical reasoning).
§  Jurisprudence is connected to political philosophy, example why should we obey the law and legal theorist considers the issue of what is law.
§  Philo Sophia à love of wisdom therefore philosophy.

§  Stages of philosophers (classical)
ü                 Thales à                     aim to explain natural phenomena through rationale explanation. He also attempted to explain earthquake with the hypothesis of; the Earth floats on water and earthquakes happen when Earth rocked by waves than saying it is a supernatural process.
ü                  Socrates à                  Never really written anything on his own. It was passed down by his students; Plato and Aristotle.  He was made to drink poison and died because his view not accepted by people in Athens because against the believe in God and about the position of the sun. Look also into at Euthyphno – what is considered good is not god because it is according to what God says but useful to our efforts for better and happier people.
- Believes that wisdom is parallel to one’s ignorance that what one does is the result of his intelligence. He objected democracy and any other ideas not consistent to his thought of perfect governance.
ü                 Plato à           idealistic and rationalistic, divide reality into idea and ideal. He also had the idea that good character is a gift from God and believes in immortality of soul that having knowledge is through recollection and not learning and this came from divine insight.
ü                 Aristotle à     Teacher of Alexander the Great and his theories concentrated more on the universe.
ü                 Thomas Acquinas à Believes in Theologian. Don’t consider he himself a philosopher. He believes that for knowledge of any truth whatsoever man needs divine help and that intellect may be moved by God to this act. But believe human also has the capability to know many things without special divine revelation.
ü                 St. Augustine à         View that everything in the universe created simultaneously by God.

Next stage: Enlightenment and Industrial period.
ü              Machiavelli à Believes religion is manmade and value of religion lies in its contribution to social order and rule of morality must be included if required. He believes in building generalization from experience and historic facts than emphasizing the uselessness of theorizing with imagination.
ü              Hobbes à Laying down the doctrine of legitimate government and how it would be without government where everyone has the right to everything which will lead to war of all against all.
ü              Spinoza à             Theory of knowledge is rationalist on knowledge that is beyond the world of senses perception. He puts forward what is an idea and what is falsity. Every idea that to us is absolute/adequate/perfect = true. Falsity is where knowledge is inadequate/mutilated or confused.
ü              John Locke à       Father of classical liberalism, his political theory is founded on social contract (addresses question of origins of society and legitimacy of authority of the state over individual), believes that human nature is characterized by reason and tolerance.
ü                    Jean Jacques Rousseau à Also on social contract for legitimate political order within framework of classical republican. He claims that state of nature as primitive condition without law and morality bu as society developed; there is a requirement to adopt institutions of law.
ü                    Karl Marx à Revolutionary communist. He believes in capitalism where there is a class who controls production and another class that provides labour for production. This concept then moved on to socialism that would give rise to stateless, classless society which then became communism.

Twentieth Century philosophers
ü                 Betrand Russell à anti war activist and campaigned against Adolf Hitler and criticized Stalin. More of a liberal and socialist.

ü                 Jean Paul Santre à  There is no human nature because there is no God to conceive it.


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