PHL 612 Lecture Notes - Lecture 2: H. L. A. Hart, Social Fact, Indictable Offence

• School: Ryerson University
• Department: Philosophy
• Course: PHL 612
• Professor: Alex Gill

Document Summary

Law as the union of primary and secondary rules, hla hart pg. 79-91. The idea of obligation: the theory of law is prefaced on coercive orders with an underlying moral obligation to divert actions. If a orders b to hand over the money or he will shoot, of course b is obliged to hand over the money, but he is not obligated or has a duty to do so, so the definition of. Obligated is shady he was only obligated to divert a serious harm (being shot: if the threatened harm was trivial in comparison to handing over the money, he would not be obliged to hand it over. Ex, if a threatened to pinch b for not handing over the money, Facts about beliefs and motives, are not necessary for the truth of a statement that a person had an obligation to do something.