JLC-110 FA2 Lecture Notes - Lecture 12: Nuremberg Trials, Determinant
1 Nov 2016
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Natural law theory: believes that human law derives its force from morality, displayed by plato, aquinas, and augustin, unjust laws lack some/all of the essence of law . Positivist: no necessary connection between law and morality, displayed by socrates (argument to crito), hobbes, and. Austin: the existence of law is separate from the justice of the law. Unjust law does not equal invalid law: analytic philosophers. 3 formulations of the definition of law, according to austin. 14: every law or rule is a command . Command= signification of desire that you want something. Command has a threat of evil or harm being done if you go against the signification of desire. Its not the style in which the desire is signified, but by the power and purpose of the party . Whenever a command is signified, a duty is to be imposed .
