PHL271H1 Lecture : NOTES
Document Summary
Hart is a legal positivist this was his manifesto for legal positivism. Bentham (founder of philosophical doctrine of utilitarianism) and austin. Utilitarianism: institutions arranged so that society gets the greatest happiness in the greatest numbers. Parliament: reps. make statute; which will make society the happiest. Law where it plays its role where society is run by happiness: views transmit as happiness to people. Law should be used to produced the greatest happiness in the greatest number and implemented this way. Officials shouldn"t second guess themselves; must subordinate themselves to what is written. The idea: no necessary connection between law and morality. 2 reasons: we will have a better understanding of law has moral benefits. 2 problems cant be a law because it isn"t moral ex. Anarchism (problem) if it"s a law it must be moral (nope! Hart: right moral view: i recognize a law as such. There is a law but i will disobey it because it is immoral.
