PHL271H1 Lecture 3: Lecture Three Two opposing theories of law where discussed in class. One is Hart's opinion of what all legal systems look like (just, unjust, democracies, all of them). The other was about Dworkin’s view of the just and valid legal system. 7 pages, carefu
Document Summary
Extra readings: a) the oxford handbook of jurisprudence and philosophy of law, b)the. Stanford encyclopaedia of philosophy and c) ojls 2004 hart"s postscript by dworkin. Last class we looked at the negative side of harts project. He tried to rehabilitate legal positivism by discarding what he though was dispensable (command theory) and explaining what he thought was positive. The command theory of law in austin"s view gave a positive explanation of how law could be. We now need some other account of what makes law law like . In harts opinion, law as the union of primary and secondary rules. Begins with a thought experiment in order to show why a legal system needs secondary rules. There is no legislature, courts, officials, or other authority. Nor are there rules about how these rules should be enforced or applied. No authority vested in interpretations or applications of these rules.
