POLS 250 Study Guide - Final Guide: Experience Machine, Majoritarianism, Presupposition
10 Apr 2017
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1748-1832 devoted his life to legal reform with focus on legal positivism. The existence of law is one thing, its merit and demerit is another. john austin. Emphasis on conventional nature of laws descriptive vs. critical jurisprudence. Obligation not grounded in social contract or religion. Obligation grounded on utility natural rights as ridiculous. Rights and duties are legal notions linked to ideas of command and sanction. Consequentialist principle: right action produces best consequences. Hedonistic view of happiness only good thing as pleasure, only bad thing as pain. Point out what we ought to do and determine what we shall do. Pleasure and avoidance of pain are the ends which a legislator pursues through punishment and reward. Matters of public eg. property theft it is important to enforce punishment as it may threaten concept of private property to leave unpunished. Matters of private morality not useful to involve legislature.
