PHI 3395 Lecture Notes - Lecture 5: Cabin Boy, Fallacy, Deontological Ethics
20 Oct 2016
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Focused on natural law & (vs) legal positivism. There is a set of prerequisites for being a legal system. There have to be laws that are public and promulgated. The law have to be humanly possible. Fuller also includes a moral element to the legal system: inner morality of the law, believes that you can judge the system by these moral elements if the system fails. Hart (and other critics) partly disagree: agree with: Associated element: managerial model or social order of the law, top-down decision making/management. Too close to the gunman model of the law. Fuller: if you see the law as a away of guiding citizens towards doing things, you end up viewing the law as a stable relationship. Natural in natural law theory (nlt) lot of ambiguity: it can mean common or something is normal or predominant.
