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Outline_for_Legal_Positivism_and_Hart._Oct._24_2011.docx

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Department
Humanities
Course
HUMA 1825
Professor
Shirley Katz
Semester
Fall

Description
OUTLINE LEGAL POSITIVISM AND H L A HARTThe Separation of Law and MoralsOctober 24 2011Professor KatzTODAYS READINGSPositivism and the Separation of Law and Morals pp 1316771 Harv LR 1958 593 Discussion Questions pp 16970 typo in Q14 kindsSee also a prcis of the articlea vocabulary list pp 12530 typos p 128 ADD of Before Hart considers the attacks ofthe criticsp 129 line 4 rule instead of rules and in Part V ADD Hart to the first line Although as a legal positivist Hart believes extracts pp 17179 from Harts seminal book The Concept of Law published in 1961 posthumous edition published in 1994In these extracts Hart gives us what he considers the essence of lawHaving explained what primary rules and secondary rules of obligation are he says that law is the union of primary and secondary rulesHe also gives us the two minimum conditions necessary and sufficient for a legal system to exist1
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