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Philosophy of Law Key Thinkers
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Aristotle
One of the first to theorize about natural law; differentiates between 'just by nature' and 'just by law'.
Thomas Aquinas
Elaborated on the concept of natural law; believed that an unjust law is not a true law and has no legal binding force.
John Locke
Advocated the social contract theory; emphasized the rights to life, liberty, and property which governments must protect.
Immanuel Kant
Developed the concept of categorical imperative; proposed a retributive theory of justice.
Jeremy Bentham
Founder of modern utilitarianism; proposed the 'felicific calculus' to measure justice based on pleasure and pain.
John Stuart Mill
Built upon Bentham's utilitarianism; stressed individual freedom and 'harm principle'.
H.L.A. Hart
Developed the concept of legal positivism; differentiated between primary rules of obligation and secondary rules of recognition.
Ronald Dworkin
Critic of legal positivism; argued for law as integrity and introduced the concept of 'law as literature'.
John Rawls
Developed the theory of justice as fairness; proposed the 'original position' and 'veil of ignorance' as a way of determining justice.
Robert Nozick
Asserted the entitlement theory of justice; criticized Rawls's distributive justice in favor of a minimal state.
Carl Schmitt
Focused on the sovereign's ability to decide the exception; critiqued parliamentary democracy and liberal norms.
Jürgen Habermas
Developed the theory of communicative action; emphasized consensus and rational discourse in the democratic process.
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