Sociology 2260A/B Lecture Notes - Lecture 4: Tyrant, Decision-Making, Legal Realism
Document Summary
Law and morality are separate main insight. For hart morality and law separate law: rules (primary and secondary) And for rules to be functional they have to have a structural feature- primary rule= don"t steal and secondary rules allow u to test or change a rule= can steal if no other option and its for survival. What makes the law do not steal valid- a hierarchy and the government who must follow proper procedure. Criminal law whatever is in the criminal code makes it a law. Produce for recognizing/ changing a rule and a rule for adjudicating. Secondary rules: change, adjudication, recognition (most important) Fuller internal morality 7 rules by rex? (procedural laws)* Aquinas- gods laws on earth (natural law values) Fuller doesn"t say anything about the common good. Real crime is that it violates clarity. Finnes apartheid doesn"t respect the common good. Know fuller and hart and finnes- main people to know for exam.