PHIL 348 Lecture 3: PHIL348-SEPT7
15 Sep 2016
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Many theorists think that to be laws, these requirements have to be promulgated (aquinas) -articulated by authority. Why should we obey such requirements: why isn"t etiquette promulgated? there isn"t an institution saying i must dress up for class. Positivism: claims law is only the requirements that are laid down or posited by humans (e. g. by a monarch, parliaments) Natural law theory: claims there are higher or different sources of law (e. g. god, morality, natural reason: ismailis believe probably in natural law theory law coming from god. Analogy with science and math: supporters of natural law say fundamental natural law relate to scienti c laws. !2: when we try to understand such laws, we use our reason, but we may be wrong, this allows later declarations of law may correct earlier ones e. g. we know the earth is round not at now. Cicero and blackstone say that if content of a purported law is immoral or unjust, it is.
