PHL271H1 Lecture Notes - Lecture 3: Social Code, Wrinkle, Formal System

20 views7 pages
6 Aug 2022
School
Department
Course
Professor

Document Summary

Hart positivism & the separation of law & morals. But has clear statement of how judges should decide cases. Better job of setting up where hart"s positivism fits into the history of ideas. Explaining what the command theory replaced why it was viewed as such an achievement. Emphasizing respect in which he agrees w/ the command theory positivist theory. Separation btw what law is and what law ought to be. 1) absence of an expressed constitutional or legal provision, it could not follow from the mere fact that a rule violated standards of morality that it was not a rule of law (599) Tempting to say that just bc something is really unjust that means its not law. Sufficiently evil doesn"t count as law at all. 2) it could not follow from the mere fact that a rule was morally desirable that it was a rule of law (599)

Get access

Grade+
$40 USD/m
Billed monthly
Grade+
Homework Help
Study Guides
Textbook Solutions
Class Notes
Textbook Notes
Booster Class
10 Verified Answers
Class+
$30 USD/m
Billed monthly
Class+
Homework Help
Study Guides
Textbook Solutions
Class Notes
Textbook Notes
Booster Class
7 Verified Answers

Related Documents

Related Questions