LAWS 1000 Lecture Notes - Lecture 19: South African Class 19 4-8-2, Legal Formalism, Class Conflict
31 Aug 2016
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Document Summary
General proposition of devlin: jurisprudence has shifted from naturalism, through positivism and. Denaturalization process by which law is no longer seen as transcendental and autonomous of human activity. There has been an increasing recognition that law is a human construct; and therefore capable of renovation. Natural laws: claim to be universal, immutable, eternal, objective, and beyond particularized political or historical context. It proposed that the validity of law depends on its content, not just its form. It is superior to human law, hence the justificatory power to determine whether laws are morally binding. Provides moral and legal arguments for obedience because a law is valid only if it is in accordance with right reason . Intrinsic value independent of the ends it achieves and it need not be justified according to its utility. Portrayed as the symbolic representation of justice and encourages us to pursue the good .
