HUMA 1825 Lecture Notes - Unconscionability, Bulldozer, Harvard Law Review
22 Oct 2012
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Document Summary
The next writing assignment will be on the october 29th; it"s a common class writing assignment. Positivism and the separation of law and morals. As it suggests, the article is about the central tenant (core idea) of legal positivism: the separation thesis law and morality are conceptually distinct . Also, whiteley and chappelle is an illustration of the thesis, since it talks about what law is, on the books, positive as opposed to what law ought to be. Law is a system of rules: primary and secondary, you have a legal system when you have a union of those two rules. He then talks about what he considers the external and internal pov with respect to those rules. Then tells us what he thinks are the two minimum, necessary, sufficient conditions. Legal positivism is part of the history of an idea : flesh out the intellectual history on legal theory.
