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Philosophy Final - Coggle Diagram

- - - - Law = Coordination of freedom
      - Science of law = Jurisprudence
      - Philosophy of rights explores legal order in general
  - - - Tradition:
      - Accepted community rules
      - Wisdom of previous generations
      - Formal Laws:
      - Created by the state
      - Include Constitution, general and special laws
      - Key principle: No retroactive force (laws apply to future)
  - - - Derived from human nature
      - Moral validity is essential to legal authority
      - Believes law must be moral to be valid
      - Supports universal moral principles underlying law
  - - - Law = socially constructed (not tied to morality)
      - Based on how law is created, not what it says
      - Does not judge laws by justice/humanity
      - Focus: Source, structure, enforcement, not ethics
- - - - Plato:
      - Dialogue: The Republic
      - Justice = Advantage of the stronger
      - Law made by rulers to serve their interests
      - Slaves = no sense of justice → justice = dictated by elite
    - - Justice = treating similar cases similarly
        
        Two types:
        
        Distributive Justice: Fair allocation (wealth/goods)
        
        Retributive Justice: Fair punishment for wrongs
        
        Foundation of modern political justice
    - - Justice as Fairness
        
        Principles:
        
        Equal basic liberties for all
        
        Inequalities must:
        
        Benefit the least advantaged
        
        Be tied to positions open to fair opportunity
        
        Thought experiment: Veil of Ignorance
        
        Remove bias in designing a just society
    - - Entitlement Theory
        
        Justice = respecting historical processes
        
        3 Principles:
        
        Acquisition (just initial ownership)
        
        Transfer (voluntary exchange)
        
        Rectification (correcting injustices)
- - - - Twofold Meaning (Erich Fromm)
      - Power over someone → Domination
      - Power to do something → Ability / Mastery
      - Definition 101
        
        Power rooted in:
        
        Strength or weakness?
        
        Individual needs
        
        Social dynamics
    - - Power = Ability to impact others' thoughts or actions
      - Requires recognition of a basis/ground for power
    - - Inequality-based
      - Strength
      - Authority (punish/reward)
      - Wealth
      - Fame/status
      - Charisma
      - Expertise
      - Information/control
    - - Individual vs. Group
      - Over people vs. Over nature
      - Managerial power
      - Visible vs. Invisible
        
        Visible
        
        Domination and Submission
        
        Master-slave
        
        Perpetrator-victim
        
        Example: Domestic violence
        
        Asymmetry of Relations
        
        Examples: Traffic police, teacher-student
        
        Symbols & Rituals
        
        Uniforms: Police, doctors, judges
        
        Salutations: Military, bows
        
        Objects: Crown, stethoscope
        
        Placement: Throne, podium, desk
        
        Invisible
        
        Foucault’s Concepts
        
        Sovereign Power
        Obedience to central authority
        
        Disciplinary Power
        
        Space: Architecture
        
        Time: Timetables
        
        Behavior: Drills, routines
        
        Institutions: Schools, hospitals, prisons
        
        Surveillance
        
        Norms & Order