LAWS 2105 Lecture Notes - Lecture 7: Legal Positivism
6 Dec 2017
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Positivism was created from people: law is a human and social creation. Principles derive from our basic capacity of reason, how we decide what is right and what is wrong. In sciences (like math) there is much greater clarity: 2+2=4. (not up for debate) Under certain circumstances, torture is justified. (up for debate; some people will agree and some will disagree) Questions of value are more difficult because everyone has a different view on what is morally justified or not. Causal factors that make us believe what we do. The correctness of my beliefs depends on moral factors (ability to make an unbiased claim supporting the moral reasoning for my beliefs). There is one right answer to all moral questions: moral answer feels right (we are gripped by it), complication is that we are trying what the right answer is in a situation, there could be different possible answer. (uncertainty) Major difference between uncertainty (not sure) and indeterminacy (no answer).
