PHI 3395 Lecture Notes - Lecture 2: Testator, Ronald Dworkin, Therapeutic Abortion
15 Sep 2016
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The professor will be using the terms ethics and morality interchangeably. Debate between legal positivists and natural law theorists: legal positivism. Legal system is just a set of socially enforced rules: natural law theory. Legal system must agree with moral principles/values. Calling someone an idiot in a conversation. Driving on the right side of the road (opposite in britain: these two questions that are undisputed among both sides of the debate, there are some overlap between laws and morality. Natural law theorist: ron fuller: the morality of law (1969) Natural law theorist: ronald dworkin, law"s empire (1986) Earlier legal positivists: j. bentham: introduction to principles or morals & legislation (1789) Known for utilitarianism: john austin, the province of jurisprudence determined (1832) Hart referred to them as utilitarians; but not the same thing. Earlier natural law theorists: st. thomas aquinas (1224-1274)
