1. Popular Sovereignty and the Transmission Theory
Explain the origins and meaning of the theory of popular sovereignty. Then,
explain the related transmission theory. Briefly state the characteristics of the
transmission of authority in a democracy.
II. Natural Law, Natural Right, and the Lincoln-Douglas Debates
We looked at a few passages from the Lincoln-Douglas Debates because they were
so helpful in underlining the bases of American law in (a) natural law and (b)
natural right.
A. Explain how Lincoln underlined the importance of natural law for a natural rights theory in his debate with Douglas.
B. What was Douglas’ argument against the Declaration’s natural right philosophy, and what argument did Lincoln fashion to refute it?
C. In what ways are Lincoln’s arguments here a refutation of the legal positivism and historicism that would later become popular.
III. Freedom and Determinism.
A. Explain the freedom vs. determinism debate as it arose in scientific circles. B.
In what way did this debate negatively impact the way the modern world came to
understand freedom politically? C. How would a reconsideration of freedom as
superdeterminism as explained by Thomas Aquinas help to give us a fuller and
more human understanding of freedom as generally understood in democratic
societies?
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