Tractatus Logico Philosophicus General Summary
Tractatus Logico Philosophicus General Summary
Tractatus Logico Philosophicus General Summary
Herbert Hart, a legal philosopher agrees with Austin. He But it must be remembered that the exercise of the will of
explained that Austin did not actually say that the norms the supreme political superior by the government is not
of moral law and the precepts of the natural law did not absolute. When there is a deliberate and unrelenting
have any influence in the promulgation of rules and disregard of the will of the supreme political superior in
regulations. In addition to this, he also said that Austin did the exercise of governmental powers, the majority
not imply that positive law is non-moral. A person may members of the society may blunt, curb, or even deny by
argue that positive law must conform to moral and natural response the adverse governmental challenges.
law but to say that positive law is null and void simply
because it is conflicting with the moral and natural law is There are two ways of manifesting the popular response
foolish and absurd. of the people. One is by an electoral response, which is a
peaceable type. Electoral response is set not too far apart
III. THE LAW AND THE STATE/THE SUPREME nor too close to each other. The second type is the
POLITICAL SUPERIOR revolutionary response, which is an uprooting type. The
second type is not easily provoked. It happens or arises
In Thomas Hobbes’ and John Austin’s legal positivism, the only in situations or circumstances in which the people are
state is perceived as the creator and enforcer of the law having special difficulty and arouses them to engage in
who is therefore, vested with the power to “inflict an evil this kind of response in order to check and contain the
or pain in case its desire is disregarded”. Therefore, the excesses in the exercise by the government of the powers
law is the expression of the will of the state laying down delegated to it. Depending on the intensity or graveness of
the rules of action upheld by force. But this does not mean the governmental challenge, the people may decide to
that the state can do no wrong in the expression and resort to this response or not.
enforcement of its will, however, even if a wrong is done
by the state, no right can be claimed against it.
When the challenge is only minimal, most probably it will
From the concept of law of the positivists, the supreme just be ignored by the people since it is not enough to make
an impression or not enough to excite or arouse their
collective sense of antipathy. But when the challenge
reaches its maximum intensity or the challenge of the
government has assumed such tremendous proportions,
the capacity of the people to respond has been stifled. In
this kind of situation, only with outside assistance or
intervention may the will and power to resist be
bargained. But if the governmental challenge is at its
optimum intensity, the people may already act effectively,
so as not to allow the governmental challenge to succeed
and reach its maximum intensity.
There is no hard and fast rule that can be laid down with
which to measure the intensity of the challenge of the
government. However, there are some factors that can
serve as a guide. The governmental challenge’s evaluation
is a matter that addresses itself to the conscience of the
people. Therefore, the revolutionary response depends on
the combination of the conditions that produce or promise
the best average result for the people.
UTILITARIANISM In the notion of consequences the utilitarian includes all of
the good and bad produced by the act, whether arising
In normative ethics, a tradition stemming from the late after the act has been performed or during its
18th- and 19th-century English philosophers and performance. If the difference in the consequences
economists Jeremy Bentham and John Stuart of alternative acts is not great, some utilitarians do not
Mill according to which an action is right if it tends to regard the choice between them as a moral issue.
promote happiness and wrong if it tends to produce the According to Mill, acts should be classified as morally
reverse of happiness—not just the happiness of the right or wrong only if the consequences are of such
performer of the action but also that of everyone affected significance that a person would wish to see the agent
by it. Such a theory is in opposition to egoism, the view compelled, not merely persuaded and exhorted, to act in
that a person should pursue his own self-interest, even at the preferred manner.
the expense of others, and to any ethical theory that
regards some acts or types of acts as right or wrong In assessing the consequences of actions, utilitarianism
independently of their consequences (see deontological relies upon some theory of intrinsic value: something is
ethics). Utilitarianism also differs from ethical theories held to be good in itself, apart from further consequences,
that make the rightness or wrongness of an act dependent and all other values are believed to derive their worth
upon the motive of the agent, for, according to the from their relation to this intrinsic good as a means to an
utilitarian, it is possible for the right thing to be done from end. Bentham and Mill were hedonists; i.e, they analyzed
a bad motive. Utilitarians may, however, distinguish the happiness as a balance of pleasure over pain and believed
aptness of praising or blaming an agent from whether the that these feelings alone are of intrinsic value and
act was right. disvalue. Utilitarians also assume that it is possible to
compare the intrinsic values produced by two alternative
The Nature Of Utilitarianism actions and to estimate which would have better
consequences. Bentham believed that a hedonic calculus is
Utilitarianism is an effort to provide an answer to the theoretically possible. A moralist, he maintained, could
practical question “What ought a person to do?” The sum up the units of pleasure and the units of pain for
answer is that a person ought to act so as to produce the everyone likely to be affected, immediately and in the
best consequences possible. future, and could take the balance as a measure of the
Basic concepts overall good or evil tendency of an action. Such precise
measurement as Bentham envisioned is perhaps not
essential, but it is nonetheless necessary for the utilitarian
to make some interpersonal comparisons of the values of and perplexities that arise from the vagueness and
the effects of alternative courses of action. inconsistencies of commonsense doctrines.