... and experienced pain and mental distress, and how these in turn lead to the inability to achieve self-esteem, mental safety and most of all, happiness. In such a situation though, the ability to make rational decisions and rely on one's own moral code and rational morality is in serious jeopardy (if at all possible.) Our rational morality is grounded in the concepts ... of rational reflection, personhood, rational self-consciousness, self-esteem and individuality. It uses the ideas of fairness and freedom to construct moral limits, policies and ideals of how a civil society should be co...

• Word Count: 2291
• Approx Pages: 9
• Grade Level: High School

... 6. Protects the privileged. Hart: There are three problems which Hart Identifies in a pre-legal system. There are: Normative uncertainty: Debate of revenge killing, as no agreement in the community, no rule available for it. Static nature of customary rules: sudden change of rules not possible Inefficiency: When facts are uncertain but rule exists, how to decide? So, Hart says this is where fundamental rules ... front. In 1949 the wife was prosecuted in a West German court for an offense which we would describe as illegally depriving a person of his freedom (rechtswidrige Freiheitsberaub...

• Word Count: 7680
• Approx Pages: 31
• Grade Level: High School

... this, check the listserv) - Moral sensibilities are important: we need shame and embarrassment to keep us from doing horrible things. Embarrassment: the feeling of being caught doing something private (i.e. copulating and being discovered by others) Shame: the bad feeling you get from engaging in morally inappropriate behavior. A ... necessary for a democracy's having a good general character. Why? Because without the things being censored, we won't know if we are possessed of the right type of character. But it is important (a) that we have the right character (Bork argues for this him...

• Word Count: 6291
• Approx Pages: 25
• Grade Level: High School