PHL271H5 Lecture Notes - Social Fact
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Document Summary
More on dworkin and the interpretive theory of law: last week: dworking on adjudication (dorenburg, today: dworkin"s abstract theory of law; more on adjudication. Law = positive law (law on the books) + full law full law: set of principles of political morality that taken together provide the best interpretation of the positive law. What makes something a valid law? murder is against the law, theft is against the law, Hart because we have an accepted rule of recognition that specifies the features (x, y, z) that something must have to count as a law, and the rule against murder has those features (x, y, z) *rule of recognition is a product of our social practice, it has authority b/c we accept it as authoritative. The rule determines what counts as laws, thus our social practices determine what counts as a law. : because we as a society have decided to treat a rule prohibiting murder as a valid law.