LEGAL 250 Lecture Notes - Lecture 5: H. L. A. Hart, Legal Positivism
27 Sep 2018
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Legal consciousness: all the ideas about the nature, function and operation of law held by anyone in society at a given time. (trubek 1984) 1800: pigs were an everyday sight on nyc street. 1850: pigs were a rare sight on streets. Positivist response: not after people vs harriet. Legal consciousness response: it depends on who you ask. Positivist defense of people vs harriet as the law on pig keeping. Secondary rules in society spelled out court"s right to adjudicate laws prohibiting. Mayor (as the sovereign) in his charge to the jury, what the rules were; jury expressed that vision of the rules by declaring pigs a nuisance. Legal consciousness based response to positivist defense approach on pig keeping law. Pigs remained on new york city streets until 1850. Laws were passed by the common council after 1819 and cases were decided by courts that assumed a right to keep pigs on streets in many areas and circumstances.
