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Single Idea 20610

[filed under theme 25. Social Practice / D. Justice / 2. The Law / c. Natural law ]

Full Idea

Do we need natural law theory in order to make sense of the idea that laws can be unjust? Perhaps not: we might consider whether laws are consistent with the values of the culture or society where they apply.

Gist of Idea

Instead of against natural law, we might assess unjust laws against the values of the culture

Source

Tuckness,A/Wolf,C (This is Political Philosophy [2017], 5 'Unjust')

Book Ref

Tuckness,A / Wolf,C: 'This is Political Philosophy' [Wiley Blackwell 2017], p.137

A Reaction

So were the wicked laws passed by the Nazis consistent with 1930s German culture? Impossible to say.

The 31 ideas from 'This is Political Philosophy'

20586 Free speech does not include the right to shout 'Fire!' in a crowded theatre [Tuckness/Wolf]
20587 Most people want equality because they want a flourishing life [Tuckness/Wolf]
20583 If maximising pleasure needs measurement, so does fulfilling desires [Tuckness/Wolf]
20584 Desire satisfaction as the ideal is confused, because we desire what we judge to be good [Tuckness/Wolf]
20589 Maybe a person's true self is their second-order desires [Tuckness/Wolf]
20591 If there is no suffering, wealth inequalities don't matter much [Tuckness/Wolf]
20596 For global justice, adopt rules without knowing which country you will inhabit [Tuckness/Wolf]
20593 The veil of ignorance ensures both fairness and unanimity [Tuckness/Wolf]
20602 Some rights are 'claims' that other people should act in a certain way [Tuckness/Wolf]
20606 Epistemic theories defend democracy as more likely to produce the right answer [Tuckness/Wolf]
20609 If several losing groups would win if they combine, a runoff seems called for [Tuckness/Wolf]
20605 Rights as interests (unlike rights as autonomy) supports mandatory voting [Tuckness/Wolf]
20604 Choice theory says protecting individual autonomy is basic (but needs to cover infants and animals) [Tuckness/Wolf]
20603 One theory (fairly utilitarian) says rights protect interests (but it needs to cover trivial interests) [Tuckness/Wolf]
20597 If winning elections depends on wealth, we have plutocracy instead of democracy [Tuckness/Wolf]
20607 Having a right does not entail further rights needed to implement it [Tuckness/Wolf]
20610 Instead of against natural law, we might assess unjust laws against the values of the culture [Tuckness/Wolf]
20608 Unjust institutions may be seen as just; are they legitimate if just but seen as unjust? [Tuckness/Wolf]
20599 How should democratic votes be aggregated? Can some person's votes count for more? [Tuckness/Wolf]
20598 In a democracy, which 'people' are included in the decision process? [Tuckness/Wolf]
20600 Which areas of public concern should be decided democratically, and which not? [Tuckness/Wolf]
20601 Discussion before voting should be an essential part of democracy [Tuckness/Wolf]
20612 If being subject to the law resembles a promise, we are morally obliged to obey it [Tuckness/Wolf]
20613 We have obligations to our family, even though we didn't choose its members [Tuckness/Wolf]
20614 People often have greater attachment to ethnic or tribal groups than to the state [Tuckness/Wolf]
20611 If others must obey laws that we like, we must obey laws that they like? [Tuckness/Wolf]
20617 How should the punishment fit the crime (for stealing chickens?) [Tuckness/Wolf]
20619 Is abortion the ending of a life, or a decision not to start one? [Tuckness/Wolf]
20620 If minority views are accepted in debate, then religious views must be accepted [Tuckness/Wolf]
20616 During wars: proportional force, fair targets, fair weapons, safe prisoners, no reprisals [Tuckness/Wolf]
20615 Just wars: resist aggression, done on just cause, proportionate, last resort, not futile, legal [Tuckness/Wolf]