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PHL271H1 (102)
Lecture

NOTES

7 Pages
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Department
Philosophy
Course Code
PHL271H1
Professor
David Dyzenhaus

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Description
HLA Hart Essay Hart is a legal positivist this was his manifesto for legal positivismBentham founder of philosophical doctrine of utilitarianism and AustinHart tries to revive themUtilitarianism Institutions arranged so that society gets the greatest happiness in the greatest numbersHart detaches legal positivism from utilitarianismInstitutions of society arranged in greatest happinessEstablish radical democracy vote for representitivesParliament reps Make statute which will make society the happiestLaw where it plays its role where society is run by happiness views transmit as happiness to peopleLaw should be used to produced the greatest happiness in the greatest number and implemented this wayOfficials shouldnt second guess themselves must subordinate themselves to what is writtenHart Focuses History of an IdeaThe idea no necessary connection between law and morality2 reasonswe will have a better understanding of lawhas moral benefits2 problemscant be a law because it isnt moralex Anarchism Problemif its a law it must be moral NOPE ProblemHart Right Moral View I recognize a law as such Ex There is a law but I will disobey it because it is immoralPositivism helps us differentiate law and moralityBLACKSTONE belief of necessary connection as a disease of lawyersCertain kind of connections between law and morality law coincides with moralsLaw as immorality reflects immoral ideasIts all contingentLaw reflects ideas of morality if people have the right moralsHart admits law can incorporate moral principlesJudges interpretMakes sure it is secire with chater of rights and freedoms
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