PHIL 2260 Lecture Notes - Lecture 11: Formal Science

• School: University of Windsor
• Department: Philosophy
• Course: PHIL 2260
• Professor: guarini

Document Summary

Hart"s response to the bad experiences objection. Law as the union of primary and secondary rules. According to aquinas, a human attempt at making a law if it is objectively, morally unjust then it is not law. After aquinas, we look at john austin (positivism). Austin says it is still law even if it is immoral. A law is a command made by the sovereign. He understands the sovereign as being the one in habit of being obeyed, and the subjects are in the habits of obeying. Hart was a 20th century philosopher of law (most influential philosopher). He wants to take what he thinks is right and critique what he thinks is not right for positivism. Hart"s version of positivism he spends a lot of time critiquing ideas before him. Command theory does not capture what law is really about. He is just saying it is too narrow, too restricted.