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Lecture

Module 1.docx

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Department
Philosophy
Course Code
PHL 606
Professor
Christopher Gore

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PHL612Module 1Page1Theorists view of what law is are influences by what law ought to be Whether what law is depends on what law ought to beTOPIC 1 CONCEPTUALIZING LAW CONTRASTING CLUSTER CONCEPTSIt is difficult to define law without overcomplicating the definition and thus making it useless as there are many different exceptionscomplications that just wouldnt fit in one definitionoA definitiona bunch of conditions if it falls within the condition it meets the definition and vice versa oWhen defining law difficult for all attributes to meet conditionsscope of definitionEither stick to definition and not include some things that might be law OR you have to make a new definition over and over until it is too complicatedAnother approach Rather than defining law through conditionsThink that the conditions business is misguided when it comes to concepts like lawoPhilosopher Ludwig Wittgenstein pointed out that many concepts have the form of a network of similarities ex games familiesoEx There is no feature that ALL games and ONLY games have in common But games resemble one another through overlapping sets of common or similar featuresNetwork of similaritiesWe can use the same idea for defining lawIn readingLaw Brian Tamanaha proposes that we define law in terms of cluster concepts oMembership in clusters is decided by features that function just like the resemblancenetwork of similarities pointed out by Ludwig WittgensteinThree Cluster Concepts of Law1Law is customLaw reflects social norms that play a crucial role in social ordering2Law is statebasedLaws sourcelegal institutions legal officials and ability of state to backup the law with force to compel obedience thus motivation to obey the lawthe fear of consequencesSimilar to legal positivism module 2Law consists of different types of rules that are generated interpreted and applied by lawmakers in legislaturesPrimary rulesaddressed to the citizenry letting them know what conduct is to be expected and what conduct is to be avoidedOther rulesgive power to officials that allow them to change interpret and apply the primary rules3Law is right or justice
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