PHL271H1 Lecture Notes - Legal Positivism, Thought Experiment, Judicial Activism

273 views7 pages
28 Oct 2011
School
Department
Course
Professor

Document Summary

Extra readings: a) the oxford handbook of jurisprudence and philosophy of law, b)the. Stanford encyclopaedia of philosophy and c) ojls 2004 hart"s postscript by dworkin. Last class we looked at the negative side of harts project. He tried to rehabilitate legal positivism by discarding what he though was dispensable (command theory) and explaining what he thought was positive. The command theory of law in austin"s view gave a positive explanation of how law could be. We now need some other account of what makes law law like . In harts opinion, law as the union of primary and secondary rules. Begins with a thought experiment in order to show why a legal system needs secondary rules. There is no legislature, courts, officials, or other authority. Nor are there rules about how these rules should be enforced or applied. No authority vested in interpretations or applications of these rules.

Get access

Grade+20% off
$8 USD/m$10 USD/m
Billed $96 USD annually
Grade+
Homework Help
Study Guides
Textbook Solutions
Class Notes
Textbook Notes
Booster Class
40 Verified Answers
Class+
$8 USD/m
Billed $96 USD annually
Class+
Homework Help
Study Guides
Textbook Solutions
Class Notes
Textbook Notes
Booster Class
30 Verified Answers

Related Documents

Related Questions