LS101 Lecture Notes - Legal Positivism, Procedural Justice, Session 9
15 Dec 2013
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On april, 30 1957, the english legal philosopher h. l. a. h art gave the oliver wendell holmes lecture at harvard. His topic, he later wrote, was, and was intended to be, provocative. ". Hart called his lecture positivism and the separation of law and morals," and his central point was that there is no necessary connection between law and morality. Dyzenhaus was one of the participating professors. Fear of too much discretionary power: rule of law. Barrister highest level in the english legal system. Major book: the concept of law (1961) There is not much of a great divide in natural law: offers 2 weak concessions" to natural law. 1st concession weak because of its historical circumstance. 2nd concession weak because it is procedural, not substantive: draws on bentham"s utilitarinism . What law is v. what law ought to be in examining what law is we find basic connection to morality still keeps law/morality separate.
