PHL 612 Lecture Notes - Lecture 2: Legal Positivism, Live Four, First Principle
27 Sep 2018
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Phl 612 lecture 2 notes - cluster concepts of law. Law as justice or right (two versions: classical natural law theory and procedural natural law theory) Law as state based (two versions: classical legal positivism and modified legal positivism) Source, or sociopolitical origin of law: duly enacted rule of legislature, authoritatively interpreted and applied by legal officials. Rule that satisfies moral criteria, fulfills moral considerations. Force and power: people have reason to obey the law from fear of the consequences of noncompliance; threat of force for disobedience. Moral reasons: moral considerations motivate obedience to law. Cluster concepts: law as custom; justice or right; state-based. Custom: social norm or habitual practice, frequently repeated and commonly observed. Customs handed down can form basis of traditions. Custom comprised of behaviour endorsed and affirmed by social pressure to conform, and failure to conform to custom generates social criticism and ostracism.
