LS101 Lecture Notes - Lecture 3: Empiricism, Natural Science
29 Sep 2016
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Key figures: j. bentham (1748-1832), j. austin (1790-1859)**, s. romano(1875-1947): kelsen(1881-1973), h. l. a. Natural science v. social science the problem of methodology . The birth of modern state and the quest for legitimacy. Only way to avoid war is to create state. The state of nature is a state of perpetual war where the strong prey on the weak. In the state of nature life is solitary, poor, nasty, brutish and short . Law must always come from the state. In order to survive, people must give up their rights to the state the sole purposes of law is to maintain order and strengthen government. Reject metaphysics man can control nature through an understanding of science. Strictly empiricist theory only observable facts. You are not allowed to commit murder. The theory of positive law to answer the question what and how the law is. Positivism a descriptive theory of law. Distinction b/w law and morality external to the phenomenology of law.
