SOSC 2350 Lecture Notes - Lecture 7: H. L. A. Hart, Ronald Dworkin, Lon L. Fuller
20 Mar 2016
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Document Summary
Natural law: law is a matter of applied morality. Does not mean that law = morality. But that no rule can count as a law unless what it requires is at least morally permissible. St. augustine: an unjust law is no law at all . Positivism: law is a type of social technology. Keep law & morality separate to avoid confusion. Universal & eternally true: the same for all human beings and at all times, an unchanging rule or pattern that it is our (humans) task to discover. A means by which human beings can rationally guide themselves to their realize their potential. Greek and roman thinkers plato, aristotle and cicero. Wanted a new system, where people obeyed the law out of respect/recognition that it was morally correct, and our (moral) duty to obey. Answered: one is obligated to obey the law only if the content of the law is itself moral (166) Morality is related to the natural order.
