PHL271H1 Lecture Notes - Lecture 5: Economic Efficiency
Document Summary
Particular positions and particular claim: positivism more on why they separate law and morality. Hart comminng up on what the law is (descriptive make it universal throughout the legalsystem) Dworkin - explain that the law could claim adjudicacy. Law"s empire: how the law could be legitimate what is that we understand as a law, and what the judges understand as law. When judge appear to change the law, the changes are guided by the law itself: theres a higher law in which a positive law arose. As the law changes, it grown: law has it"s own ambition. Not changes, just a discovery of its own identity. Judges have the power to have judicial review: when they do this (), they are not trying to make a new law, they trying to discover the law. Political identity it requires judges to extend the.