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HUMA 1825 (221)
Lecture

Nov.15 lecture notes.doc

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Department
Humanities
Course
HUMA 1825
Professor
Shirley Katz
Semester
Fall

Description
Nov 15th 2011Is the law justpositivistsquestion is meaningless the law decides what is justBE CAREFULpositivists are not amoralFullerjustice is the degree of congruence with laws inner morality heart of lawBE CAREFULis this inner morality a necessary or contingent overlap with lawRecapsubstantive natural law theoryAristotlethe law seeks the good which is justAquinasthe law is the fulfillment of religious moralityRecapEarly positivismBentham Law is a flexible tool for social change utilitariansThe separation thesisObey punctually censure freelyAustinLaw is a command of the uncommanded commanderRecapHLA HartDescriptive account of lawlaw is a system of rulesPrimary rules Secondary rulesLaw is a socially accepted rule backed by a
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