JLC-110 FA2 Lecture Notes - Lecture 13: Analytic Philosophy, Divine Law, The Province
1 Nov 2016
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Unjust laws lack some/all of the essence of law. No necessary connection btw. law and morality. Existence of law different issue than justice of a law. Dworkin and fuller are in the middle of the two views but dworkin leans towards natural law and. Machiavelli does not fit neatly into either category because he does not discuss the law much but he would be considered a positivist. Austin is an analytic philosopher, wants to define things specifically. First definition of law: a rule laid down for the guidance of an intelligent being by an intelligent being having power over him. The term law embraces two categories; laws set by god to man, and laws set by men to men. Frequently called the law of nature, austin rejects this because it is ambiguous and misleading. He calls these laws the divine law or the law of god . Some are established by political superiors and some are not.
