PHL271H1 Lecture Notes - Lecture 1: Jaywalking, Counterargument

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6 Aug 2022
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Hart"s criticisms of the command theory of law. First 3 criticisms problems w/ understanding law in terms of orders. Laws don"t really look like orders at all. Criticism 1 there appear to be parts of law that are quite a bit different from the criminal law, and cannot be understood as orders backed by threats. Wills the state doesn"t force me into a will, no sanctions for not doing. Is giving an opportunity to do so if you want to. Rules that specify a judge"s jurisdiction or the qualifications for being a judge (or so any other office) Not facing a penalty, you just weren"t able to exercise a power. Being 34 and trying to be prime minister. Laws but not orders backed by threats. Austin"s counterargument nullity as a sanction (p. 33) Hart"s first reply nullities are not an evil to a person. Nothing really bad happens to you not like your situation has changed as a result.

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