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| philosophy is the base study of the fundamentals of everything |
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| Major branches of philosophy |
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| metaphysics, ethics, epistemology, aesthetics, political, legal |
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the study of what the law should be, not what the law is. Asks what the law's basic characteristics and principles be?
Foundations or underlying reasons of why the laws are what they are and trying to find out what they should be. |
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| in philosophy: what should be normal (consider as versus positive: which evaluates what is good or bad, right or wrong). so in law, it regards how things ought to be done |
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| why is law a unique power? |
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| we allow the law to treat us in ways we don't let any other entity treat us, such as taking away our possessions, imprisoning us, etc. |
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| how is the philo. of law prescriptive |
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| philo. of law is prescriptive (meaning what should be the case) because we are concerned with what the law should be |
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| why is the philosophy of law important? |
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philosophy of law is a method of making sure power is justified.
"what makes us free is our laws" — Sicero |
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| why is freedom is normative? |
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| Freedom is normative because there are no chains on us that shouldn't be there and we have a rightful freedom to do certain things (arguably natural rights). |
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| mindsets are stances or perspectives from which to approach every aspect of your life/mind. |
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| identify, concretize, make the case, integrate ideas, essentialize, cross-examine, question, introspect |
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define your terms to find out what exactly is meant by a term or phrase. understand the salient terms
Hint: think about a contrasting case… "i mean this and not that" |
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| give concrete examples of the concept you're talking about that are perceivable… so this is important in philosophical discussions |
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| give the argument for the thesis you're presenting by explaining why your audience (either yourself or others) should agree with you |
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| put two and two together and draw relationships between concepts in order to help you figure out what material can go and what needs to stay so this relationship can exist. |
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| sift through the information to discover the central point and thus be able to identify what is essential to the author's central point and what is peripheral information |
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| scrutinize a case by interrogating and challenging what has been presented to see if there is truth in it |
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make an effort to focus your mind by asking questions about what you're taking in.
ex- big picture or focused? are the ideas cohesive or incompatible with one another? |
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| take a step back and evaluate whether your inclinations on issues are validated or acknowledge that there might be a something pushing you in one direction or the other on the subject that is not logical so that you can be more objective on the issue. |
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