PHL271H5 Lecture : Jan 30.doc
Document Summary
Hart"s positivism: the separation thesis, legal legitimacy. What counts as a valid law? law and morality need not coincide immoral laws are still laws a rule counts as a valid law when it meets certain conditions imposed by a valid legal system. What counts as a valid legal system? primitive society society characterized by law. Must contain rules that most people abide by if the community is to persist ex. don"t kill/steal/cheat the primary rules of obligation hart. 3. rules are static ineffectively enforced: no recognized authority to judge if rules are broken, or what the punishment is are meant to govern how we enforce the rules. Invest judges with power to try cases and hand out punishments for breaking primary rules judicial system but 2 more conditions need to be met. Hart claims that the existence of secondary rules moves us much closer to a.
