POLB30H3 Lecture Notes - Lecture 3: Legal Positivism, Intellectual Disability, Testator
Document Summary
2 men released from prison in north carolina. Convicted of raping and murdering a young girl. Not witness or evidence linking them to the murder. Judge allowed the confession to be used as evidence in the trial. New evidence was allowed to test for dna which was the reason to their acquittal. Judges have an impact on public policy. The beneficiary of the will murdered the testator. Unwilling to separate the law and morals. He wants to bring morality internal to the law. (law/morality hybrid) There is kind of a moral principle. No one should benefit from his own wrong. This principle in a sense triumphs what is written into the actual legal code. Ronald dworkin"s approach to law (legal reasoning and judgment) It was formulated in part to refute hart"s positivism. Dworkin"s theory is normative (he thinks that judges should consider what law ought to be); There are standards to assess the validity of moral claims.
