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Philosophy of Law Key Thinkers

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Aristotle

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One of the first to theorize about natural law; differentiates between 'just by nature' and 'just by law'.

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Thomas Aquinas

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Elaborated on the concept of natural law; believed that an unjust law is not a true law and has no legal binding force.

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John Locke

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Advocated the social contract theory; emphasized the rights to life, liberty, and property which governments must protect.

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Immanuel Kant

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Developed the concept of categorical imperative; proposed a retributive theory of justice.

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Jeremy Bentham

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Founder of modern utilitarianism; proposed the 'felicific calculus' to measure justice based on pleasure and pain.

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John Stuart Mill

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Built upon Bentham's utilitarianism; stressed individual freedom and 'harm principle'.

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H.L.A. Hart

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Developed the concept of legal positivism; differentiated between primary rules of obligation and secondary rules of recognition.

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Ronald Dworkin

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Critic of legal positivism; argued for law as integrity and introduced the concept of 'law as literature'.

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John Rawls

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Developed the theory of justice as fairness; proposed the 'original position' and 'veil of ignorance' as a way of determining justice.

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Robert Nozick

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Asserted the entitlement theory of justice; criticized Rawls's distributive justice in favor of a minimal state.

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Carl Schmitt

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Focused on the sovereign's ability to decide the exception; critiqued parliamentary democracy and liberal norms.

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Jürgen Habermas

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Developed the theory of communicative action; emphasized consensus and rational discourse in the democratic process.

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