CRM1301 - Class Notes, Lecture notes of History of Law

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September 9 lecture social contract

• Agreement with a foundational cost and benefits on both sides
• binding contract/agreement based upon a particular force
• the contract is of and about society
• Comes into eect,, through the legal system with penalties Hobbes: The Leviathan
• ecclesiastical: refers to the church doctrine
• civil: refers/means contract
• When using the term Leviathan meant to invoke a situation and the solution

1. The severity of problem from humans. (gravity of it.)
2. Solution is a greater than human.

• look at the Leviathan treaties of government and it’s justification Government vis a vis society
• government is an umbrella term referred to we order ourselves
  • one aspect of governance is government
  • policing falls under governance
• uses government as a form of governance Government vis a vis sovereignty/sovereign,
• the notion of God siing on a throne and applies to earth
• Form of government directly under the view of God
• Power runs top down only in Hobbes view September 11 lecture State of war/state of nature
• For Hobbes they are the same thing
• State of nature is a condition State of nature The condition
• when saying SON means there is no government or society
• Men are created virtually equal
• Any dierence not so considerably

• if you want to survive in a state of nature/war need to be forceful and fraudulent
• There’s no good or bad in the state of nature no justice or injustice The state of life during the state of war
• the life of man, solitary poor, nasty brutish and short
• the quality life, regardless of wealth is poor September 18 lecture Laws of nature

1. That every man ought to endeavor peace as far as he has hope of obtaining it

• ought: search/look for peace because one is naturally in a SOW
• You are commanded to seek peace

1. And when he cannot obtain it, he may seek and use all helps in advantage of war.

• drives you to peace, but that isn’t obtainable
• gives you the right to war

2. that a man be willing when others are so too as far forth as for peace and defense of himself, he shall think it necessary to lay down this right all things

• doing as one pleases
• Willing to give up our fundamental learning for all things in the pursuit to gain peace In summary
• do not do to another, which thou wouldn’t do to thyself The state of war and lack of common authority
• the time men live without a common power to keep them all in awe They are in that condition, which is called war
• you want people to respect and understand the need for governance September 26 lecture Passage
• as he shall deem it
• Directly an example of sovereignty Sovereignty

1. Par and authority to rule or govern.
2. The ability to rule without external influence.

• transfer something to commonwealth equals give power and authority, power and authority from mutual covenant

As Hobbs has it

• the state is never wrong
• The state shall never do wrong
• The state is always right and just
• oh praise the greatness of our God he is the rock. His words are perfect and all his ways are just
• Faithful God, who does no wrong upright and just is he
• Leviathan: translates to moral God September 27 lecture IS 27:
• in that day, the Lord will punish the Leviathan, the fleeting serpent with his fierce and great and mighty sword, even the leviathan
• Talking about a massive, mighty creature who creates harm
• meant to present a great picture of fear JOB chapter 1–8, 41
• can you tame Leviathan?
• god Asking Job can he subdue his own oppressor? Versus 25–
• When leviathan rises up the mighty are terrified
• The creature that rises up has no fear Leviathan name meanings

1. Wants to paint the state of nature as complete destruction.
2. Uses this to portray the mortal God.

• peace, and common defense The place (force) law
• where there’s no common power there is no law where no law no injustice October 21 lecture Second treaties of government

1. The problem.

• political power
• Solution for Hobbs is for locke

• Purpose of government: regulation and preservation of property

1. Life.
2. Liberty.
3. Estate.

• everyone has the right to these three things The place of law
• law and its true notion
• Theory of law: in order for law to be an eective law and must have force
• Law to direction to free to proper interest
• What it means to be human is perfectly free Octobre 28 lecture Property
• Law and the legal institution Law: A set of parahabitan, restrictions, which create freedom.
• Law is A mirror of what we naturally and in human kind
• The purpose of law is to preserve freedom (thus there is no law, there is no freedom Essence of humanity= perfect freedom
• natural laws thus underline the essence of humanity however the laws of nature have no backing, force, law-like
• for Hobbes: law needs force
• for Locke: law is freedom in essence, no force Theory of Law
• Law vis a vis force Cease beccaria: crime and punishment 1764
• classical criminology for beccana its about justice Classical criminology
• intelligence and rationality: assumes for human beings

How we understand why people do the things they do

• classical criminology assumes humans have free will to do as they wan, no external force
• thus one is choosing to or to not obey the law (commit crimes) There is a process that one goes through when commiing a crime called rational calculus
• Weighing on the costs and benefits of the crime, if the benefits outweigh the costs, one commits the crime according to classical criminology October 30 lecture
• binding contract

1. Classical vs positivist criminology
2. Social contract (place of Justice)
3. Crime.

• every individual member is band to society and society is bound to every member Law
• free men (perfect freedom)
• passions of few The problem of injustice
• divine/natural Justice
• political justice State can/must change to reflect the people Punishment in itself is not the problem, must figure out the most eectives eicient way to punish and fills into the rights of states
• Political justice can be changed
• divine justice is emutable November 4 lecture Scale measuring misdeeds (wrongs)
• when we talk about scale we talk about measurement that is precise
• trying to precisely measure particular problems The problems we are talking about are not
• a priori
• ex ante