POLI 347 Lecture Notes - Lecture 6: Sociology Of Law, Legal Realism, Nuremberg Trials
Document Summary
Topic 6 (oct 7 & 9) legal positivism v. natural law. Readings: dyzenhaus, law and morality: hart, positivism and the separation of law and. Hart"s note on the five meanings of positivism at pp. Hart: law are rules: law are commands, separation of law and moral thesis. He doesn"t deny that morality changes with response to law law shapes morality. Some constitutions may have provisions for bringing morality into the law. He does however think that its not true for a law to be bad just because it is immoral or that something is a law just because it is moral: positivism as analytical jurisprudence. Contrast between historical or sociological jurisprudence, we understand law by looking at society. They want to focus on social structures, analytical jurisprudence looks arguments and reasonings as opposed to social background and such. at the: law is a closed logical system; no gaps in the law; mechanical jurisprudence .
