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PHL271 M Sept 12 Lecture 1.docx

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David Dyzenhaus

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PHL271 M Sept 12 2011IntroductionHart Reading and Riggs v Palmer Lecture 1What is the law Should the law be used to enforce morality legal positivist tradition and natural law tradition Naturalnecessary connection between law and morality is upheld Positivistno necessary connection between law and morality the law is put in place to achieve a certain kind of government no matter whether it is morally good or badpositivists think no matter what the government is morally good or bad based on the laws level of moralityRiggs v Palmer judges approach and view the law differently and this affects their decisionsnote state dispute is R v ReginaQueen etc this case is a private dispute if the law has results that are morally troublesome we do not have authority because of this to change the law dissenting judge argues the law requires a result whether it is morally good or not a judges job is to make an unreasonable seeming statue into a reasonable result maxim that no one should be able to profit from their wrongdoing the majority thinks it is the duty of judges to factor in morality in their decisionsdissenting disagrees with adding in the word of a judges own conscienceHLA Hart legal positivist tried to revive legal philosophy attempts to explain positivism is correct and also correct the views of his predecessors Bentham and Austin Utilitarianismarrange institutions and society in such a way so that the happiness of most is most important versus the happiness of some law plays its role in society to ensure happiness of the many the views of what is thought to produce the greatest happiness for the greatest number are tra
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