LS101 Lecture Notes - Lecture 2: Malik, Legal Realism, Critical Legal Studies
Document Summary
Ls 101 natural law september 20, 2016. Laws are preferred practices, articulated as rules designed to influence behaviour, enforced through coercive means (force) Enforce morality in a society (communal society or individual morality?) When we allow the government to enforce law we to a certain extent allow them to impose their morality on us. There is an essential connection or overlap between law and morality. Law is subordinate to morality morality based on 1) religion 2) intellectual origin /aka reason 3) nature, where morality prevails law (ex human rights) 2 main approaches of natural law theory: god there is some morality/rules lay down from some divine power, nature human reason, regards all human beings having a certain breed of morality, innate (conscience) Moral principles exist outside of us (external) that applies to everyone/universal, immutable (cannot be changed by us) Just law acts in the common good, the object of society, must follow the principles of morality.