Sociology 2260A/B Lecture Notes - Lecture 2: H. L. A. Hart, Strafgesetzbuch, Legal Positivism
5 Oct 2016
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Positivism: obedience and the formal validity of the law. A way of think how rules can be revised and motivated. Taxation is a key area of law laws which either make you pay taxes or exempt you from paying taxes. Overview: case 1: nazi laws, positivism hart rule following. Case 2: kessel, smith and the hockey code. Case 3: r v mabior, [2012] 2 scr: positivism command theory, positivism kelsen. 1949 the nazi"s have been defeated and his wife is put on trial and convicted of unlawfully procuring her husband"s imprisonment under the. 1871 german criminal code the court said that her actions were contrary to the sound conscience and sense of justice of all decent human begins (pavlich, First court said she wasn"t guilt of anything. Second court found her guilty and said her actions were contrary to the sound conscience and sense of justice of all decent human begins.
