LGLS 2420U Lecture Notes - Lecture 1: Legal Positivism, Social Contract
Document Summary
Notion of fault -- related to the development of tort and criminal law civil wrongs wrongs between people. Perhaps, a centralized government that can enforce laws. Gov"t based on the will of the people i. e. , consent of the people: think: what should be the essential terms of the social. Thus, morality = these laws achieved thru a social contract. In contrast to hobbes, locke"s theory is premised on man"s rights and obligations under. Social contract & rousseau p. 26: social contract is an agreement betw the individual and his community referred to as the general will (gw) or popular sovereignty where self-interest is overridden by. The critique: read yourself: reflects the 19th century shift to capitalism & is an ideology & individualism, hart -- e. g. , the nazi law of 1934 was a valid law supported by the rule of recognition (see p. p.