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Law and Morality notes.odt

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Law and Morality 0054thLec 1 may 14What is lawWhat makes this question philosophicalComplex phenomenaNormative norms or standardshow things should ought to bereasons for actionsSocial practiceLegal Positivism vs Natural LawLegal Positivism PositivesWrittenStatutory man made lawsAustinexistence of law is one thing its merit demerit is anotherSeparation of moral questionLaw is nonmoralfacts of social practice1 Sources Thesis Social source is necessary and sufficient for lawThe validity of a rule of law depends upon its source not upon its content2 Separation Thesis No necessary connection of law and moralityIt does not follow from the mere fact that a given rule violates standards of morality that it is not therefore a valid rule of law It does not follow from the mere fact that a given rule is morally desirable that it is therefore a valid rule of lawNatural LawBased on universal principals and reasonsIn accordance with your natureIndependent of human social practiceUnjust law is no lawjustice is the very point of law without it it loses central pointAll law must be understood in normative termsmust have some minimal moral aspect denial of separation thesisIncludes question of validityLaw and Morality hold necessary connection denial of separation thesislaw must forbid some moral wrongspromotes moral goodsrule of law intales virtues
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