POL320Y1 Lecture Notes - Lecture 3: Legal Positivism, Intersubjectivity, Sociality
12 Dec 2016
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Freedom without equality: into to l"esprit des lois, laws and their relations. Broad terms expresses how laws in their most expansive meaning are a reflection of a whole set of relations (positive law, natural law, laws of physics) He is opposed to a ge(cid:374)e(cid:396)al theo(cid:396)y of (cid:862)legal positi(cid:448)is(cid:373)(cid:863: product of the will on an individual or collective body. Deeper reasons and logic that makes them legitimate if they are applied in the right way. A distillations of the provisions of natural law, they are a codification of historical continuity or customs. There are things outside the law and procedure outside the law that allows a judge to make it legitimate. Arbitrary-ness is not in essence what it means to be law. Diversity of rules, customs and law was not a matter or change/randomness. Behind this there are general patters for causality. This work is an investigation and imaginations.
