PHL271H1 Lecture : PHL271 M Sept 12 Lecture 1.docx

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19 Apr 2012
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Introduction hart reading and riggs v palmer. Natural necessary connection between law and morality is upheld. Positivist no 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 bad. Positivists think no matter what, the government is morally good or bad based on the law"s level of morality. Judges approach and view the law differently, and this affects their decisions. Note, state dispute is r. v. (regina/queen etc. 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 judge"s job is to make an unreasonable seeming statue into a reasonable result. Maxim that no one should be able to profit from their wrongdoing.

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