QUESTION PRESENTED 1. In Texas, the doctrine of collateral estoppel bars a party from relitigating issues in a subsequent action if three elements are met: (1) the issues were fully and fairly litigated; (2) the issues were essential to the judgment; and (3) the parties were cast adversaries. Farmers asserts that Abraham is collaterally estopped from relitigating damages in the UIM claim after a jury determined liability and damages against the drivers. Will the doctrine of collateral estoppel bar Abraham from relitigating liability and damages? SHORT ANSWER 1.
Prompt 2 Question 1 Compatibilists believe that free will is compatible with determinism and an act can be both free and determined at the same time. They identify free will with freedom of action and to act freely simply means to be free from external coercion. Determinism is the idea that every event including human decisions and actions are completely predetermined by previous causes. Once the causes occur, the effects must follow. These effects include moral choices.
In this essay, I will argue from a compatibilist perspective arguing that free will does exist, and it is consistent with determinism. Compatibilism means that free will can exist with determinism . Incompatibilism means that it is not possible for free will to exist with determinism . Free will occurs when people’s actions come from their second order volition . Second order desires requires you to first desire something, and to then have a desire about your first desire .
Stated in the Declaration of the Rights of Man and Citizen, article eleven states, “The free communication of ideas and opinion is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law.” This shows freedom of press, expression, and thought. This idea was taken from the Enlightenment thinker, Voltaire, who the idea of freedom of thought and expression originated from. Rousseau’s idea was also found in the document. His Social Contract claimed that the general will is sacred and absolute, and it reflects the common interests of all the people.
Anarchism does so from a legal standpoint, that each individual should be accountable for how they act in the freedom they have. On the other hand, existentialism focuses on individual responsibility as a basis for freedom. As existentialism affects individuals, it would be much easier to implement than anarchism which seeks widespread change. Alternatively, the concept of being free through taking responsibility for oneself is much more challenging than the concept of being free through overthrowing the
2. The definition of civil rights as stated in the textbook is “set of rights centered around the concept of equal treatment that the government is obliged to protect” (Geer, Schiller, Herrera, Segal 138). Civil liberties are “unalienable rights that the government has no authority to regulate” (Geer, Schiller, Herrera, Segal 102). The difference is civil rights is without discrimination to any group to civil rights while civil liberties block the government from interfering with natural rights. An example of civil right is freedom of speech where the government is obligated to protect through the first amendment in the bill of rights.
Introduction Sovereignty, though its meanings have varied across history, has a core meaning, the supreme, absolute, and uncontrollable power by which an independent state is governed and from which all specific political powers are derived; the intentional independence of a state, combined with the right and power of regulating its internal affairs without foreign interference . It is likewise the power of a state to do all things required to oversee itself, for example, making, executing, and applying laws; forcing and gathering charges; making war and peace; and forming treaties or engaging in commerce with foreign nations. It is a modern notion of political authority. The state is the political foundation in which power is epitomized. An assemblage of states forms a sovereign states system.
Direct consent is consent rising from an actual act, like signing a contract or making an oath. Contact theorist, John Locke believes that by directly coercing ourselves to a political authority, we have given our consent to abide by that authority’s rules. We cannot become obliged through coercion without knowing it, therefore we have consciously decided to undertake a moral