PHL271H1 Lecture : PHL271 - Weeks One and Two Lecture Notes.docx
Document Summary
Review of case from last lecture; addressing of a gap in the law, making a decisions. (a) what does positivism claim? (p. 30) (b) what does positivism not claim? (p. 29) (c) why be a positivist? (p. 29) (d) hart"s replies to three criticisms: criticism based on command theory of law (p. 31 34) criticism based on formalism (sec. iii) criticism based on response to wicked laws/legal systems (sec. iv) (e) must a legal system as a whole have some moral core? (sec. v) Secondary rules rule of recognition rules of change rules that govern legislative enactment and repeals involved with introducing new legislative material or changing old material rules of adjudication these empower individuals to make an authoritative decision they identify who a judge is and what procedure is to be followed they go to correct the problem of inefficiency.
