Law and Morality-Tutorial 4
Heart Case Study-
-Legal rules and moral norms intercept
-He wants to clarify at a descriptive level what the law needs in order for it to exist
What is a legitimate system of law?
What is law analytically, and sociologically?
-Analytical description of something aims for consistency and clarity
-The sociological aspect is trying to explain the system as it is..not as it ought to be.
-His entire endeavour is clarity (conceptual clarity)
-Just cause a law exists doesn’t mean your obligated to obey it. It may provide reasons,
sanctions, punishments. But says nothing about how you feel about that law.
-A system of law exists because we recognize its existence?
-Social Habits vs Social Rule
-A social rule requires obligation, while a social habit doesn’t require anything.
-Social rules can be defined as primary rules. Primary rules govern our behaviour. They also
-We know they exist because they are recognized and the majority of us feel we must obligate
-Insufficient because they can conflict with each other. Uncertainty of who has the authority to
enact these rules, also problem of rules needing to be changed or new rules to be introduced.
-Rules about rules are secondary ruleprocedural law
-Secondary rules are rules addressed to officials of jurisdiction and power, and also set out the
necessary mechanisms for the operation of primary rules
-The introduction of secondary rules are there to solve 3 problems.
A. -Firstwe need secondary rules to solve the problem of uncertainty—about what the law is,
whether or not it is valid.
-if the law is ineffective for any reason people will resist and not recognize it
-we accept the laws validity because it was created in a certain way B. -Secondary laws provide for rules of legal change of primary rules
-if we had a society of only primary rules and w