Schools Of Jurisprudence Flashcards
(11 cards)
Socrates
Idea: Virtue = knowledge; there’s an inner “moral compass.”
Contribution: Socratic Method—challenge beliefs, uncover flaws.
Mnemonic: Socrates = “Think‑erates”—you THINK your way to virtue through questioning.
Memory Hook: Imagine yourself grilled in court and forced to defend your beliefs—just like Socrates did.
Plato
Core Idea: Doctrine of Forms—truths like Justice exist beyond our world.
Mnemonic: Plato paints—a painter creating ideal Forms on canvas, separate from real objects.
Memory Hook: Picture a sculptor chiseling the pure “Form” of Justice hidden inside a block of marble
Aristotle
Core Idea: Forms exist within things; natural justice discovered through reason.
Mnemonic: Aristotle = “A‑ri‑store‑deal”—you store the essence (form) inside the real thing.
Memory Hook: Picture Aristotle putting “essence” back into Plato’s painting—grounding ideals in real life
Zeno & Roman Stoics
natural law; law classification: civil (Jus Civile), natural (Jus Naturalis), international (Jus Gentium).
Mnemonic: Zeno zones laws: Rome zones citizens, nature, and foreigners.
Memory Hook: Imagine a Roman city map with three zones for citizens, foreigners, and universal law
Cicero
Core Idea: “True law is right reason in agreement with nature.”
Mnemonic: Cicero = “Circle of nature”—reason must circle back to nature’s code.
Memory Hook: Visualize Cicero drawing a circle on paper—anything outside that, he
Medieval Period
Thomas Aquinas (1225–1274 CE)
re Idea: Hierarchy of law:
- Eternal (God’s mind)
- Natural (our reason)
- Divine (scripture)
- Human (positive law)—must align with natural law or is unjust.
Mnemonic: A‑qua(-nas) = 4 waters flowing down from highest to lowest.
Memory Hook: Picture rivers cascading from a mountain (eternal) → stream (reason) → reservoir
Renaissance & Enlightenment Period
Thomas Hobbes (1588–1679)
Core Idea: In nature we are in chaos (“nasty, brutish, short”); surrender all to sovereign (Leviathan) for safety.
Mnemonic: Hobbes = Hobble your rights fully.
Memory Hook: Think of hobbling yourself—giving up all freedom to the monster-State
John Locke (1632–1704)
rights, but you retain life, liberty, property.
Mnemonic: Locke = lock-in rights.
Memory Hook: Picture locking away your property and liberty under a strong case—so only human law can open it.
Jean-Jacques Rousseau
Core Idea: General Will—the collective will of the people represents true law.
Mnemonic: Rousseau = “Raw-sow”—a herd of people planting the same seed (will).
Memory Hook: Picture planting a single vine where only the people’s collective gesture makes it grow.
Modern/Analytical Revival Period
Hugo Grotius, Rudolf Stammler, Lon Fuller, John Rawls, John Finnis
Grotius: Father of international law, natural law independent of God.
Mnemonic: Grotius grows treaties.
Stammler: Law must be “just law” that harmonizes society’s purpose.
Mnemonic: Stammler = “sampler” tastes social purpose.
Fuller
Fuller: Morality of law—clarity, consistency, publicity.
Mnemonic: Fuller = fills the gaps in law’s morality.
Rawls: Justice as Fairness—original position and veil of ignorance.
Mnemonic: Rawls = “raw deal reversed”—build fairness blindfolded.