Antonin Scalia

676 Words3 Pages
This paper examines the probability of, upon being ill and driving to the emergency room, whether or not philosophers such as Plato, Antonin Scalia, Martin Luther King, Jr., O.W. Holmes, H.L.A. Hart, and Ronald Dworkin and I would ignore or stop and wait at a red traffic light. I would sit at the intersection and wait for the light to turn green. My beliefs are similar to all of the views of the aforementioned philosophers, with the exception of Antonin Scalia. To me, it seems that if a person tries one thing (not limited to breaking a law), they become desensitized and it doesn’t bother them as to try other things. I also believe that laws are rules and that I don’t want to be punished for disobeying a law. Finally, I believe that laws…show more content…
Additionally, Socrates stated that he had entered into a sort of social contract that bound him to follow the laws. Because he had followed the laws of Athens, he had lived a long and happy life. Ignoring the red traffic light (or escaping from prison) would void the social contract and keep him from living a long and happy life if he decided to leave Athens. Therefore, Plato would sit and wait at the intersection. Antonin Scalia is a legal realist. He believes that the Constitution and laws, in general, should be interpreted according to their original meaning. Scalia would question the conditions under which one must stop at a red traffic light. Must one stop when there is oncoming traffic? Scalia would research the original reason for implementing traffic lights and then he would make his decision. Martin Luther King, Jr. supported natural law. He would say that it was okay to break an unjust law, but not a just law. Stopping at red traffic lights generally keeps drivers safe, so Martin Luther King, Jr. would say that it is a just law and that it should not be broken. He would wait for the light to turn…show more content…
Hart was a legal positivist. He believed that law, at its core, is a system of rules. Hart also argued that if a person had an obligation (to stop at a red light at 3 in the morning), that would remain true even if the person never got caught and didn’t have to worry about the consequences of not stopping. Hart also considered social rules and social pressure motivating factors in people’s conduct. Officials, lawyers, and others may see breaking a law as a reason for a hostile reaction. This is important because, to some degree, most people care what others think of them. I believe that Hart would stop and wait at the red traffic light because it’s the rule and breaking it could lead to negative
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