PHLB11H3 Lecture Notes - Lecture 2: Marriage Law, Social Fact, Positive Law
Document Summary
Hart"s legal positivism: laws are rules made by human beings, there is no inherent or necessary connection b/w the law"s validity conditions & morality. The legality of a law or legal system can be assessed independent of its morality. Validity conditions of the law have nothing to do with morality. Natural law theory: a full account of the nature & function of law is not possible w/out including a moral account a. i. There is always some necessary moral content to the law. There is an essential connection between the legal and the moral. Law needed to be consistent with morality: lawyers find laws like scientists find the theories. Rules governing natural and social world, can be discovered. For a law to be law, it must pass some kind of moral muster. (which implies that: to call a law or a legal system unjust" or immoral" is a contradiction in terms for a legal naturalist. )
