LS386 Lecture Notes - Lecture 3: H. L. A. Hart, Joseph Raz, Legal Positivism
7 Mar 2017
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Productivity hampered after 1897: like tolstoy, turned to religion and philosophy. Authoritative if commands are obeyed: voluntary obedience. The authority of law doesn"t come from morality, but from the idea that somebody with authority made the law . If you have a legitimate power, then the laws you create must be legitimate. Like between effective authority and legitimate authority these two things working side-by-side: how the individual interprets the orders and how they act in that reason, based on individual reason. Democratic principles strengthen legitimacy of authority by ensuring obedience. Builds on foucault"s idea of the democratization of sovereignty : individual as relay: of power, internalize disciplinary power power, process of normalization, legitimation. Principle: ex minimize dissonance; just the right thing to do. Operates in the background: you have a general belief that what the commanding authority is telling you to do, must be legitimate .
