LAWS 2105 Lecture Notes - Lecture 6: Jeremy Waldron, Joseph Raz, Legal Positivism
6 Dec 2017
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Second response paper due feb 28 by noon. Creation of modern complex legal system may well be immoral. Inherent potential in the legal system towards immorality. Waldro(cid:374)"s thesis i(cid:373)plies that the (cid:272)o(cid:374)(cid:272)ept of the rule of law (cid:373)ay (cid:271)e i(cid:373)(cid:373)oral. The rule of law creates potential for systematic injustice. Joseph raz: the virtue of the rule of law is merely that it makes the law efficient. A, efficient system of rules: rules must be general, clear, public, consistent (cid:894)should(cid:374)"t (cid:272)o(cid:374)tradi(cid:272)t ea(cid:272)h other(cid:895), prese(cid:374)t, (cid:272)o(cid:374)siste(cid:374)tly e(cid:374)for(cid:272)ed. Being a sheep is not being dominated, however sheep like mentality is problematic because people do not know they are sheep. (and heading towards the slaughterhouse(cid:895) . Minimum content of natural law: conceptual separation between laws and morals. If we broaden our focus and look at the whole legal system, we see that there is necessary connection between justice and morals.
