prostytutki stanowia dla Policji zrddto informa-cji o Srodowisku, w ktorym zyja i pracuja.
prostytutki jako źródła informacji dla policji
prostytutki stanowia dla Policji zrddto informa-cji o Srodowisku, w ktorym zyja i pracuja.
prostytutki jako źródła informacji dla policji
prostytutki wystepujaw charakterze swiadka w postepowaniach karnych dotyezacych czynéw zwiaza-nych z eksploatacja prostytucji.
prostytutki jako świadkowie w postępowaniach karnych
traktowane sq jako potencjalne zagrozenie dla porzadku publicznego, badzsa pomocne w powiekszaniu statystyki dokonanych czynnosci operacyjno-roz-poznawezych i administracyjno-porzadkowych.
powiązania prostytutek z policją
postawy meza
postawa, podejście męża/partnera
zwiazki prostytutek ze stalymi partne-rami zyciowymi;,
stałe związki
stygmatyzacji,
problem stygmatyzacji: - ukrywanie prostytucji przed obawą negatywnych konsekwencji, które mogą dotknąć rodzinę - co prowadzi do tego, że brak jest możliwości szukania pomocy, wsparcia z zewnątrz
tylko wsparcie czerpane z konwen-cjonalnych zwiazkow rodzinnych pozwala kobiecie uprawiajacej] prostytucjezachowa¢é rownowage psychiczng. Okazuje sie jednak, ze prostytucja nie wy-ksztatca jakichs zasadniczo odmiennych od ,normalnych” modeli rodzinnych,
ale i druga strona: wsparcie ze strony rodziny pozwala zachować równowagę psychiczną
tym, co przeszkadza im w uto-zeniu wartosciowych relacji rodzinnych, jest wlasnie ,nienormalny” zawdd.
przeszkody w relacjach rodzinnych
Ze względu na zakres odpowiedzialności ponoszonej przez dłużnika
rodzaje odpowiedzialności dłużnika 1. osobista - odpowiada całym swoim majątkiem 2. rzeczowa - konieczność znoszenia zaspokojenia z konkretnego przedmiotu majątku
czasem są obie jednocześnie - np. hipoteka
zobowiązanie naturalne
istnienie długu, ale bez odpowiedzialności => wierzyciel ma prawo domagać się roszczenia, ale np. jeśli dłużnik powoła się na przedawnienie, to roszczenie traci zaskarżalność => dłużnik może spełnić świadczenie dobrowolnie, ale wierzyciel nie ma ochrony sądowej
umowie sprzedaży
wierzytelność - dług w umowie sprzedaży
wierzytelności
wierzytelność = prawo podmiotowe po stronie uprawnionego = wierzyciela; odpowiednik zobowiązania
Uprawnienia
podział uprawnień: 1. roszczenia - konkretna osoba uprawniona X może żądać od innego podmiotu spełnienia świadczenia na rzecz X 2. uprawnienia kształtujące - uprawniony X ma kompetencję do zmian/zakończenia stosunku prawnego przez jednostronną czynność prawną 3. zarzuty - uprawnienie do odmowy spełnienia roszczenia a) peremptoryjne (trwałe) - skutek: unicestwienie dochodzenia roszczenia w każdej możliwej chwili (np, przedawnienie) b) dylatoryjne (przejściowe) - skutek: ograniczenie możliwości dochodzenia roszczenia, ale tylko w określonym czasie
ujmowana na dwa sposoby
albo 1. sfera wolności osoby, której przysługuje prawo podmiotowe albo 2. ograniczenie wolności innych osób
CONCLUSION - GPT's performance (percentile) compared to human test-takers was lower than reported by open ai - scaled score on the essay also deviated from "true" essay score => that could imply that the actual true percentile in UBE was lower than reported - reported score (298) is 28 higher than passing score => the essay scores would have to be extremely inaccurate to undermine the conclusion of Katz et al (that gpt passed the bar exam)
but still
RE-EXAMINING ESSAY SCORES 1. in regards to scaled MBE score computing methods were accurate with official methods 2. however in MPT + MEE (essays), it was significantly changed - to the point where you can question if others that blidnly graded it (according to official protocols), would give the same score = 3 key changes: 1. lack of use of a formal rubric (lack of grading guidelines like in NCBE, model answers etc) - katz et al. don't mention any rubric, only that they compared the answers to "good" answers from state of maryland - that's already problematic bc they didn't even specify what scores the "good" answers got, only that they passed - since it's unclear what scores they got & those answers were the basis for determining what score GPT received => it would make sense to assume GPT's answers' score should also be unclear 2. lack of NCBE training of the graders of the essays - Katz et al used a subset of the authors who were trained lawyers 3. blinding & consistent manner of grading - all graders have to first grade 30 "calibration" essays of variable quality to make sure consistent scores are assigned to similar quality answers - Katz et al. method didn't involve blinding like ^ - they had the authors give samples independent lawyers to grade & either "match" the grade given by authors or "exceed" that grade - but those lawyers as well didn't have NCBE training + all the issues above
ASSESSING EFFECT OF HYPERPARAMETERS
METHODS - above analysis found no effect of prompt on performance = possibly bc of lack of variety of the prompts used originally - to find out if prompts affected the performance at all, he tested 2 new conditions: 1. minimally tailored condition (compared to Katz et al.) - in terms of formatting & substance = 2. maximally tailored condition = highest performing prompt settings (like the original ones_ PLUS few-shot prompting => providing multiple example MBE questions with sample answers & explanations structured in a desired format
5 trials for each condition, the same temperature settings - 0.5 (bc previous study revealed it doesn't affect performance)
RESULTS - mean MBE accuracy throughout all trials: 79.5% in maximally tailored & 70.9% on minimally - scaled score in minimally woyld be approx. 150 => thus would place it on 70th percentile among july takers, 64th among first timers & 48th percentile among those who passed - maximally tailored condition score was 164 - 6 higher than in original papers => this would result in 95th percentile in july takers, 87th among first timers & 82th among those who passed
a) helpful markers (e.g. “~~’) to separate instruction and con-text; (b) details regarding the desired output (i.e. specifying that the response shouldinclude ranked choices, as well as [in some cases] proper authority and citation; (c)an explicit template for the desired output (providing an example of the format inwhich GPT-4 should provide their response); and (d) perhaps most crucially, contextregarding the type of question GPT-4 was answering (e.g. “please respond as if youare taking the bar exam”).
original prompts included these ^
modifying prompts in minimally tailored condition = none of these were used, only
Please answer the following question,” followed by the question and answer choices (a technique sometimes referred to as “basic prompting”:
REPLICATING MBE SCORE
METHODOLOGY
WHAT MARTINEZ ADDED - additional temperature settings: 0.25 & 0.7 - thus total prompts for temperatures was 10, not 6 - 5 trials instead of 3 => total trials was 50 instead of 18
after prompting, they calculated raw scores (using official answer keys) -> then scaled scores (multiplying the raw score by 190, then dividing by 200, then converting to a scaled score using official NCBE data)
RESULTS: -mean accuracy here: 75.6% (original: 75.7%) - GPT'S RAW ACCURACY WAS NOT SIGNIFICANTLY LOWER/HIGHER AT A GIVEN TEMPERATURE SETTING OR WHEN FED A CERTAIN PROMPT
(context) parameters = configurations that determine how the NN will manipulate data and make predictions for NNs, parameters are basically weights & biases - they simplify identification of machine learning data; they develop how a NN propels data forward (forward propagation) - once that's completed, the NN will refine all the connections based on the errors that occured during forward propagation -> that leads to backwards propagation - the flow going backwards through the layers & connections of NN to readjust
WEIGHTS - manage connections between two basic units = neurons in a NN (weights of those units' signals are decreased/increased to train those units to move forward in the NN, during forward propagation) BIASES -
(context) NEURAL NETWORK "an algorithm built to work like a human brain. It is composed of multiple layers of neurons. It starts with an input layer consisting of independent neurons that do not rely on any weighted signal. It introduces primary data. The input layer then feeds into one to two hidden layers. The hidden layers contain neurons and biases that place value to data that sorts everything into the output layer. The output layer expresses the data identification for machine learning models"
research questions/goals 1. assuming the 298 score is legit, does it warrant the 90th percentile claim? 2. is it worth questioning the 298 claim? (replication, reproducibility - can it even be verified?) 3. given various settings/parameters in GPT-4, is it worth assessing how adjusting those settings will affect GPT's performance?
methodology
a) evaluating to which extent the methodology of grading GPT4 essays deviated from official protocol used by NCBE during actual bar exam
b) to which extent such deviations might undermine one's confidence in the scaled essay scoers reported by openai
this analysis has taken for granted the scaled score achieved by GPT-4 asreported by OpenAI—that is, assuming GPT-4 scored a 298 on the UBE, is the90th-percentile figure reported by OpenAI warranted?
so far he didn't question the scaled score = 298 reported by openai
Results
RESULTS:
against 1st timers: - each component, as well as overall UBE score: percentile among july 1st timers LESS than of OpenAI estimate& july estimate that includes repeat takers - overall UBE: scored in 62nd percentile (instead of 90th estimate in february & 68th in july) - MBE: 79th percentile (instead of 95th & 86th) - MEE + MPT: 42nd (instead of 69th & 48th)
against attorneys - results dropped even more: - UBE: 45th percentile - MBE - 69th - MEE + MPT - 15th GPT 3.5 = 0pth percentile for all
cutoff score
basically the score that's a passing score, to filter out unqualified candidates
here it is a % of people who didn't pass
standard deviations
basically shows how results are scattered within the distriibution and how they differ from the mean
the bigger the SD the more the results vary
z-score
measures how many standard deviations above or below the mean a data point is
basically z score tells u the distance between a particular score and the mean (how far that score is from the mean in a distribution)
standard deviation of first-timeMBE scores was computed by
COMPUTING STANDARD DEVIATION FOR 1ST TIMERS SCORES:
MBE score 1. taking publicly available distribution of MBE scores available on NCBE website (july scores, not for 1st time scorers cuz this is unavailable) 2. assuming that first timers have approximately the same SD as population in july 3. computing the SD deviation of 1st timers taking MBE - entering that publicly available distribution of MBE scores into R (program) - taking that SD of this distribution & using the built in sd() function (which calculates SD of a normal distribution)
essay scores exactly the same (bc mean & SD is the same as MBE)
UBE SD aren't publicly known for official exam, but they can be concluded by combining mean UBE score for 1st timers (287.6) & 1st time pass rates
otal UBE score is computed directly by adding MBE and essayscores (National Conference of Bar Examiners n.d.-h), an assumption was made thatmean first-time UBE score is 287.6 (143.8 + 143.8).
mean of overall bar exam scores
essay component is scaled to theMBE data (Albanese 2014), such that the two components have approximately thesame mean and standard deviation
essay is the same as MBE = 143.8 mean
he mean, according to publicly available official NCBE data, themean MBE score of first-time test-takers is 143.8
mean MBE score of 1st timers = 143.8
parameters
in statistics: population = a whole group of objects that's the focus of the study
sample - a certain number of those objects
parameter = a number reffering to & describing the entire population statistic = ~||~ only it reffers to the sample
methodology here was to first compute these parameters, then gener-ate distributions with these parameters, and then compute (a) what percentage ofvalues on these distributions are lower than GPT’s scores (to estimate the percentileagainst first-timers); and (b) what percentage of values above the passing thresholdare lower than GPT’s scores (to estimate the percentile against qualified attorneys).
METHODOLOGY: - compute parameters from UBE, from MBE & from essays - generate distributions with these parameters
COMPUTE PERCENTILES OF GPT'S SCORE - compute what % of values on these distributions are lower than GPT scores = to estimate percentile against 1st timers - compute what % of values above the passing threshold are lower than GPT score = to estimate the percentile against attorneys
more accurate estimates (for GPT-3.5 and GPT-4) were sought to be computed herebased on first-time test-takers, including both (a) first-time test-takers overall, and(b) those who passed.
1st step of methodology - using data from more accurate estimates (for GPT 3.5 and 4) instead of the estimates from Open Ai & the july estimate = for that, he estimated scores separately for MBE, for essays & the overall UBE score
how could the percentile estimation be made more accurate? - using only scores of people who take the bar exam for the first time - when it comes to comparisons with attorneys' results, the results should be limited to both 1st time takers AND those who achieved a passing score - the evidence they used is based purely on Illinois exam data (because there's no official ones) - which is not identical to the actual UBE scoring & content = more accurate would be to use data directly from official NCBE sources
early draft version of the paper, “GPT-4 passes the bar exam,”
another source of evidence - this one is well documented & transparent about its methodology BUT it doesn't focus on percentiles, like the original report - it focuses on the model's score compared to average test takers
after providing relatively detailed breakdowns of its methodology forscoring the SAT, GRE, SAT, AP, and AMC, the report states that “[o]ther percen-tiles were based on official score distributions,”
example of lack of backing up the evidence
but a dearth of documentation regarding the backing ofsuch claims.
no proof for those claims
the OpenAI website, as well as the GPT-4 technical report,
where the evidence is
structure of the paper: 1. evaluating the 90th percentile claim: 4 findings about the actual bar exam performance 2. investigation of validity of the score 3. investigation of adjusting temperature settings 4. conclusion: estimates of the percentile are over inflated
lack of transparency could undermine our confidence in theprospect of safe deployment of AI (Brundage et al. 2020; Li et al. 2023). In particu-lar, releasing models without an accurate and transparent assessment of their capa-bilities (including by third-party developers) might lead to unexpected misuse/mis-application of those models (within and beyond legal contexts),
possible outcomes = for AI: misuse of the models, releasing them without proper assessment
may lead both lawyers and non-lawyers to rely on generative AItools when they otherwise wouldn’t and arguably shouldn’t, plausibly increasing theprevalence of bad legal outcomes as a result of (a) judges misapplying the law; (b)lawyers engaging in malpractice and/or poor representation of their clients; and (c)non-lawyers engaging in ineffective pro se representation.
possible consequences = for humans: use of AI by lawyers
provides no direct citation for how theUBE percentile was computed, creating further uncertainty over both the originalsource and validity of the 90th percentile claim.
2nd methodological uncertainty = no knowledge on how they evaluated gpt's performance
the administrators of the Uniform Bar Exam (the NCBEas well as different state bars) do not release official percentiles of the UBE
1st methodological uncertainty = lack of official percentiles
boost in performance of GPT-4 over its predecessor GPT-3.5 (80 percentilepoints) far exceeded that of any other test, including seemingly related tests such asthe LSAT (40 percentile points), GRE verbal (36 percentile points), and GRE Writ-ing (0 percentile points)
previous scores on the bar exam
corpus
a database of text that's used for training/ testing models SO - GPT can take the test "open-book", because it has this huge collection of texts, while humans don't
thus knowledge (or ignorance) of thatcontent does not necessarily translate to knowledge (or ignorance) of relevant legaldoctrine for a practicing lawyer of any jurisdiction; and (b) the tasks involved on thebar exam, particularly multiple-choice questions, do not reflect the tasks of practic-ing lawyers, and thus mastery (or lack of mastery) of those tasks does not necessar-ily reflect mastery (or lack of mastery) of the tasks of practicing lawyers.
doubts about the BAR exam itself - in regards to testing human knowledge too
few-shot chain-of-thought prompting over basic zero-shot prompting.
zero-shot - you give the model a command to generate a response, but you don't provide examples of solving the task few-shot - you provide a few examples, so that the model can learn to solve tasks that it wasn't programmed to do
adjusting temperature settings,
(that setting controls randomness, creativity of generated text = lower temperature means more predictable, higher means more creative, diverse)
paper also investigates thevalidity of GPT-4’s reported scaled UBE score of 298. The paper successfully rep-licates the MBE score, but highlights several methodological issues in the gradingof the MPT + MEE components of the exam, which call into question the valid-ity of the reported essay score.
paper debunks gpt's score of 298 - shows methodological issues in grading the exams
GPT-4’s performance is estimatedto drop to ~48th percentile overall, and ~15th percentile on essays.
4TH CLAIM performance against only those who passed the exam = gpt scores ~48th percentile, ~15th on essays
GPT-4’s perfor-mance against first-time test takers is estimated to be ~62nd percentile, including~42nd percentile on essays.
3RD CLAIM = gpt's performance against actual 1st time takers is ~62nd percentile, ~42 percentile on essays
data from a recentJuly administration of the same exam suggests GPT-4’s overall UBE percentile wasbelow the 69th percentile, and ~48th percentile on essays.
SECOND CLAIM = data from more recent SAME exam suggests the score was actually BELOW the 69th percentile, 48th on essays
these estimates are heavilyskewed towards repeat test-takers who failed the July administration and score sig-nificantly lower than the general test-taking population.
first claim - the score does near the 90th percentile BUT those findings lean towards those who repeat the test after failing in july = they score significantly lower than the general takers
This paperbegins by investigating the methodological challenges in documenting and verify-ing the 90th-percentile claim, presenting four sets of findings that indicate that Ope-nAI’s estimates of GPT-4’s UBE percentile are overinflated.
goal of the paper = debunking OpenAI's claim 4 claims
her
uh-huh. because parent = mother and mother only
inaworldincreasinglynisticto.relemalgion and its tru
why is it increasingly antagonistic? isn't that the past? where christians would be murdered in ancient rome? jews, muslims. isn't it rather that people become skeptical, and thus THEMSELVES antagonistic? sure, it does project onto society, but i don't think it's oppressing
freedom of religion is said to have been historically the first human right,
who says that? in what aspect? in estabilished laws or just geneally as a right? check
English-speaking contractualism
contractualism - a philosophical idea (moral philosophy) 1. BROAD SENSE: - morality comes from agreements between people - "what we owe to each other" - as people, we have duties towards others, since we're all rational beings 2. NARROW SENSE (T. M. Scanlon): - different from the broad sense, because (as Scanlon claims) they are PRACTICAL claims about what we have a reason to do, not just theoretical (furthermore, they're the most important, because when we decide that an action is wrong, gives as reasons why we DON'T do that action, especially comparing them with other reasons) - an action is morally bad if it cannot be explained as good to another human being
postpone action until after election day
"because they didn't want the protest to be political - it was moral" - prof. Benson
I have almostreached the regrettable conclusion that the Negro’s great stumbling block in his stride towardfreedom is not the White Citizen’s Counciler or the Ku Klux Klanner, but the white moderate, who ismore devoted to “order” than to justice
sometimes the biggest harm is passiveness, indifference. because openly evil people exist, but it's the white moderate who makes the majority
unjust law is a code that anumerical or power majority group compels a minority group to obey but does not make binding onitself. This is difference made legal. By the same token, a just law is a code that a majority compels aminority to follow and that it is willing to follow itself. This is sameness made legal
definitions of just/unjust law
How does one determine whether a law is just orunjust?
through discerning which laws are in harmony with "eternal/natural law" and you can do that, knowing that "any law that degrades human personality is unjust"
“How can you advocate breaking some laws and obeying others?” Theanswer lies in the fact that there fire two types of laws: just and unjust.
there are types of laws that recquire breaking them, they're unjust
Nonviolent direct action seeks to create such a crisis and foster such a tension that a co mmunitywhi ch has constantly refused to negotiate is forced to confront the issue. It seeks so to dramatize theissue that it can no longer be ignored
purposes of nonviolent direct action
The first conceptionsupports an ideal of ultimate convergence on values, the latter an idealof modus vivendi.
2 different kinds of liberalism 1. convergence/illiberalism - in the end liberalism will force their liberal/tolerance onto others 2. modus vivendi/tolerance - disagreeing but finding a way to live together
iberalism,
Mill said liberalism is freedom to do whatever you want, until you hurt someone else
hasestablished”thefollowing:
you can never establish those things, those are the very cores of faith and religions; they're not proveable
Weassert thatsupernaturalismisbaseduponignoranceandisthehistoricenemyofprogress.”
anti-metaphysical claim - very significant in that time, because it influenced thinking about natural law
THE SECULARISM OFGEORGE JACOB HOLYOAKE
G. J. Holyoake (1851) defined secularism: modern dictionaries cite/rephrase his definitions, but in reality (Benson found) that in his works, he's not at all neutral, but rather anti-religion - basing off of Comte, Rousseau
oland:...the concept of religion shall in particular include: (a) having theistic, non-theistic oratheistic beliefs, (b) participation, or refraining from engaging in religious rituals, performedin public or private, individually or collectively, [and] (c) other acts of a religious character,beliefs expressed [in the form] of individual or collective behaviour as a result of religiousbeliefs or related to them.'
definition in poland
ustria: ‘for a religion there are minimum requirements concerning a statement ofbelief, rules for a way of life and a cult’;1°8 religion is a ‘structure of convictionswhose content is capable of representation [which] has been growing in history toexplain humankind and the world in its transcendent meaning and to accompany[this] with specific rites and symbols [giving] them orientation in accordance withbasic principles and doctrine’.
definition in austria
Denmark, religion is seen as ‘aspecifically formulated belief in the dependence of human beings on a power overthe human race [which] provides guidelines for human ethics and morality’.
definition in denmark
France: ‘a religion can be defined bythe convergence of two elements, an objective element, the existence of a commu-nity even limited, and a subjective element, a common faith’
definition in france
eligion as belief and practice
components of religion
religious beliefor practice had to be linked to well-established faiths.”° However, in Germanjurisprudence today whether a belief or activity is religious is to be determinedobjectively by reference to ‘spiritual content and external appearance’;
german criteria
embedded insociety is important.
portugese criteria
public recognition’,‘common opinion’, and ‘self-perception’.”
italian criteria
pastoral care in prisons and the armed forces,
research????//
States of Europe do not generally define ‘religion’ in theirconstitutions or other formal legislation, but, rather, leave it to the courts todetermine whether something is ‘religion
lack of definitions in state-level regulations
in the end, Moens (somewhat surprisingly, since he pointed out all the evidence and ways that the guards could be found guilty) concluded that the trials resulted in "injustices masquerading as justice", mainly because the court failed to consider that applying West Germany critical tradition (based more on natural law), to East Germany soldiers, which were only familiar with the German tradition (based on Lutheran idea of total obedience to the law) was UNJUST
all three courts found the guards guilty, but for different reasons
legalcertainty.!
Radbruch's 5 minutes article
state’sprocedural requirements;
Radbruch's first minute
so, normally 315 of Reunification Treaty prevents acts commited on East German soil prior to reunification from being punished, if they were not punishable under East German Law (kinda like our warunek podwójnej karalaności)
BUT, here: - immunity does not apply where there was already West German Law (west german law applied to crimes on foreign soil if): 1. the acts are commited against German 2. the person that committed them becomes a resident of WG or comes to WG
prof. Samson argues that EG became part of WG, so their law is applicable 7(2) (similarly, the people who were shot, were Germans, so 7(1))
BUT it's a stretch, because EGs were considered foreigners by WG
the BGH was reluctant to invoke natural law, because it's hard to define what the "minimum content" should be. instead, the relied on the international human rights - but they found that border shooting on itself does not violate the Covenant, only its excessive nature or unnecessary use violates it
Suchimpositionmayresultin‘unjust’decisionsbecauseitinvolvestheapplicationofWestGermany’scriticaltraditiontoKastGermanconditions
so basically, the critical tradition was imposed on the EG guards, which was unjust because this idea was foreign to them. they were still followin the German tradition, that requires total obedience to the law
estGermancriticaltradition,whichallowsWestGermancitizenstodisobeylawsoffendinghighermoralprinciples,wasalientoFastGermanlaw
critical tradition in East Germany = absent
WestGermancitizenscouldchallengelawswhichareopposedtothefundamentalmoralvaluesofthecommunity.GermanjurisprudencesincetheSecondWorld WarinterpretedtherightsenshrinedintheBasicLawnotasgrantedby theConstitution,butasexisting beforeitandindependentlyofit
critical tradition in West Germany
theconsequences|ofdisobeyingimmorallawsmustbeconsideredbypeople.IFthedangersjresultingfromdisobediencesubstantiallyoutweighilsbenefits, peopleshouldchoose obedience.
Aquinas on natural vs positive law
Wherethe morality of the individual came into conflict with the morality of thestate, the morality of the state prevailed.
the german tradition (influenced by Luther)
imposition of the post-var West German critical tradition on Mast Germanborder guards who, regardless of the morality of the relevant orders orlaws, were undoubtedly imbued with the German tradition of unqualifiedobedience to the law.
different traditions of thinking; the critical post-war tradition was applied to the EG soldiers, who followed the German tradition to obey the law
internalmoralitydeals withtheminimurnconditionswhicheverymaturelegalsystem mustsatisfyinordertoachieveitspurpose.Theseconditions,whichareinherentintheconceptof ‘law’,includetherequirementsthatrulesmustbeprospective, mustnotbeconstantlychanging,andtheirimplementationbyofficialsmustnotbeperverted.
internal morality = Fuller
interpreted in| three ways.
different interpretations of justifications
the border guards could not avail themselves of thesejustifications under Kast German law.
!!!!!!!!!!!!!!!
2 possible justifications in EG law: 1. appealing to the fact that use of firearms is permittable if used against a serious crime (defined as carried out with dangerous means; court later found that ladders that were used to climb the Berlin Wall were considered 'dangerous means', thus use of firearms was necessary) 2. explicit statement that soldier who follow orders are not criminally responsible (unless a blatant violation)
APPLICABILITY OF WG LAW milder law is applicable UNLESS there was already WG law at the time of the act - territoriality principle = WG law applicable to act in EG, if the consequences occured in WG - act was committed against a German permanently resided in WG - act carried out by West German - perpetrator moved to WG before the reunification
whenacrimeiscommittedandthereisasubsequentithelaw,themilderofthelawsistobeapplied”
like our article 4 paragraph 1 - lex mitior agit
‘NurembergPrinciple’.
PRINCIPLE IV, mainly - earlier called "superior orders" - now reffered to as the Nuremberg Defense
Erastianism assumes the state is ascendant and thatreligion is to be used to further state policy.’
essence of erastianism
reasons for temporariness of theocracies 1. lack of secular skills and means to run modern economy - by religious leaders 2. unwillingness to entertain the compromises of political + international relations
reasons are many.
for short lives of theocracies
religion is supreme and that the machinery of state is to further religious inter-ests.
essence of theocracy
Table 4.1 also includes the economic labels of monopoly, regulation,and competition. This captures the insights of recent literature applying simpleeconomic models to religion: should the state endorse a monopoly faith or is a‘free market’ in religion preferable?
applying economic models to religions
consider which model or models best advance religious freedom in a liberal state.
goal of the paper
ad FAIRNESS 2 things have to be provided, before you can call a law "based on the moral concept of fairness" (to dispute the previous two arguments):
COUNTER ARGUMENTS TO FORMER IDEAS:
ad. 3 - fairness - anarchist: denial of any benefit coming from the law - those who claim it's beneficial: fairness can't apply, where obeying the law does no one any good, is useless (eg. it's not unfair to speed over the limit on a deserted road)
ad 4. public good - act-utalitarianism: there are of course examples, where total obedience to law does more harm than good - eg. man who earns a small income from a service to a friend, he doesn't tax it - if he would, the public would benefit, but his family could starve to death
BUT generally law-breaking sets a bad example (for the kids, others etc); its consequences include imitation of further law-breaking - rule-utilitarianism = it's difficult to compare all different rules and their consequences
ALL FOUR CONCEPTS OF WHY YOU SHOULD FOLLOW THE LAW: 1. gratitude = your country & law was the source of great benefits for you, so you should at least obey the law but against, you could argue that you can be grateful to many people, but it doesn't mean you have to obey everything they say 2. promise-keeping: citizens promise to obey the law in exchange for protection & other benefits (kind of a "social contract" like in Rawls' theory) 3. fairness: different from promise-keeping, because it's extended to all citizens, as a moral ground to everyone, not just to those who choose to participate in the politics SO, you should obey the law, because it would be unfair not to; you owe your fellow citizens "if they all comply and you benefit, it is unfair if you benefit without complying" 4. public good = if people break the law, the welfare of society is diminished, thus we're all morally obliged to obey
different forms of the utalitarian concept: - act-utalitarianism = an act is morally wrong if it'll have worse consequences than other acts possible on this occasion - "rule-utilitarianism": you should obey the law, if it's required by a rule, that leads to best consequences when observed objectively
rule-utilitarianism’:anactionisrightifrequiredbyarule,wheregeneralobservanceof therulewouldhavebestconsequences.
"rule-utilitarianism": you should obey the law, if it's required by a rule, that leads to best consequences when observed objectively
BUT it's difficult to compare all different rules and their consequences
utilitarian’
most common justification of obeying the law: public good (there are of course examples, where total obedience to law does more harm than good - eg. man who earns a small income from a service to a friend, he doesn't tax it - if he would, the public would benefit, but his family could starve to death
counter argument to ^ = act-utalitarianism: not taxing the income, sets a bad example (for the kids, others etc); its consequences include imitation of further law-breaking
primafacie
2 things have to be provided, before you can call a law "based on the moral concept of fairness" (to dispute the previous two arguments): 1. laws have generally beneficial effects 2. most other people obey the law (so that if you don't you benefit unfairly)
answers
to the argument of fairness: 1. anarchist: denial of any benefit coming from the law 2. those who claim it's beneficial: fairness can't apply, where obeying the law does no one any good, is useless (eg. it's not unfair to speed over the limit on a deserted road)
fairness’
duty to obey law comes from fairness: different from promise-keeping, because it's extended to all citizens, as a moral ground to everyone, not just to those who choose to participate in the politics SO, you should obey the law, because it would be unfair not to; you owe your fellow citizens "if they all comply and you benefit, it is unfair if you benefit without complying"
promise-keeping
duty to obey the law comes from promise-keeping: citizens promise to obey the law in exchange for protection & other benefits (kind of a "social contract" like in Rawls' theory)
ifThaveinmylefthandabookofJubbjubbetiquette—somethingtotallywoknowntoyou—andinmyrighthandabookofyour country’slaw,and[announcethatIamgoingtoopeneachatrandom,willyou allowthattherearemoralreasonsindicatingobediencetowhatevercomesoutofmyrighthandwhichplainlydonotobtaininthecaseoftheleft-handbook?Orisyourconscienceequipoisedbetweenthetwobooks—thatis.untilyouhear theprescriptionreadout.thereisnowayofknowingwhethertherewillbemoral reasonstocomply?Andremember:thequestionisnotjustoneofprobabilities.Youmightallowthat.given yourpreviousacquaintance withEnglishla50chancethatw,thereismorethana50:somethingrequiredbyitissomethingwhichtherearemoralgroundsforperforming.Thatisnotenoug!h.For onetobe abletoaffirmthataprimafaciemoraldutytoobeyEnglishlawexists,onemustbewhatevercomesoutoftheEnglishlawbook,therearereasons(stateableHyrighttocomplyinadvance)whyitismoral—albeitthat.oncetheprescriptionjsknown,othermoralreasonsmaytellagainst.
a good way of illustrating just how relative natural law (or the core principles) is. because at what point, to which extent and based on what, do we decide when to obey or disobey the law?