PHIL 340 Lecture Notes - Lecture 1: Fallacy
Document Summary
If the ruled disobeys the commander, the ruled will be punished. The ruled have a choice to obey or disobey. Law is not just about force/compulsion (there needs to be an element of choice). This theory ignores the existence of law-making procedures, which are agreed upon by the masses. Legal realists call the analytical/deductive method the formalist fallacy. Hart"s response to the realist view of the analytic/deductive method: Penumbra usually have an agreed upon basis e. g. ) vehicles include cars, buses, and trucks. In order to solve a penumbra there must be a rational standard of social aims. The course schedule is being altered a bit.