LWSO 203 Lecture Notes - Legal Realism, H. L. A. Hart, Moral Universalism
26 Mar 2013
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Sets standards of behavior against which behavior can be evaluated. Basic definition: law is a body of requirements and prescriptions that apply to human behavior. Different theories provide explanation for the existence, authority and nature of law. Body for enactment and enforcement of the law. 2 key concepts: moral universalism, belief that universal moral truths exist and will exist until the end of time, greek: theory of the forms, christians: divine nlt (augustine, locke: universal rights inalienable rights. Moral relativism: what is moral changes over time, opposite to moral universalism, nlts reject this idea, legal validity depends on moral validity. Truths must be very vague i. e. do not kill: legal positivism. Law is justified and legitimate in accordance to its manner and creation. Commands give rise to a duty to obey. Sanctions practiced for disobeying commands must be negative. Command: a wish that you do/refrain from doing x, backed by the threat of evil being visited upon you.
