POL 3157 Study Guide - Final Guide: Patient Protection And Affordable Care Act, Critical Race Theory, Political Philosophy
Document Summary
Descriptive (how it is) vs. normative (how it should be) Law is a reason giving activity, seeks general in particular. Court decisions (judges) enforced by police (power/force) Law should be coherent body of rules systematically & coherently applied. Thomas aquinas: natural law, obey it because its moral: problem: no consensus on morality. Why obey the law: hobbes: for security/safety, locke: to protect property. John austin: law has to be rational, no morality, realist, hard positivist. Law is a social fact, it"s what the powerful want it to be. Morality of law not important, they are still obeyed even if they are wrong, defined by the source of power. Lawyers try to predict endgame / punishment for certain actions. Modern legal theory derived from hart, it"s a reaction to hard positivist (austin) Law not only interested in power, but in validity (acceptance of law). Question of validity distinguishes between brute force and law. Law concerns rights/powers of people not only commands.