JLC-110 FA2 Lecture Notes - Lecture 15: Legal Realism, Strafgesetzbuch
18 Nov 2016
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Positivism and the separation of law and morals 11/18/2016 8:28:00. Hart identifies 2 philosophers as proponents: bentham and austin. Says they have been mischaracterized : says they appear that they don"t care about morality, doesn"t care about the effects that bad laws have on people, dry analysts fiddling with verbal distinctions . Positivism has several theories, one of which is that there is no direct link between law and reality. Bentham and austin are anxious to assert that the immorality of a law does not invalidate it and that simply because something would be a morally desirable rule doesn"t mean that it should be a law. Hart- (origin, content, range of application) criticism against. German positivists: hart responds by saying the positivists are over evaluating. 1871: german criminal code- crime to illegally deprive a person of freedom. 1944: tells on her husband, has no legal obligation to but she does. 1949: brought into west german court and prosecuted.
