PHIL 348 Lecture Notes - Lecture 6: Social Fact, Law Of Obligations
27 Jan 2017
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Austin"s definition of law: a command to which a threat of sanction is attached given by a political superior to a political inferior (diff between what it is and what it should be) The existence of law is one thing, its merit or demerit another What law ought to be: a question answered by the application of the principle of utility. Principle of utility: objective test of moral rightness rather than test of positive morality. Positive morality: analogous to positive law (conventional/social purpose) Our only index. guide to laws of god which are not revealed or promulgated. Is scientific" bc calculates morality on the basis of tendencies/consequences of human actions future fact- probability of certain future contingencies . 20th century positivism: h. l. a hart"s concept of law (most sig post-war text in jurisprudence) Criticizes austin"s definition of law: laws are not the commands, backed up by threats of a political superior; they are not the gunman situation writ large".
