PHL 612 Study Guide - Midterm Guide: Stability Constants Of Complexes, H. L. A. Hart
28 Jan 2015
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Separation thesis: law and morality are two distinctive things, so law is not dependent on morality. Recognize law and then then determine whether it is a good or bad law. Doesn"t blur the line between what is and what law ought to be. Law is a command issued by the uncommanded commander (the sovereign) and such commands are backed by threats. Observable, sovereign is habitually obeyed by majority of the people. Also, some laws aren"t backed by threat like will or marriage law. Overlap thesis: law and morality have to converge, so law is dependent on morality. Immoral law is a perversion/ corruption of law. We know natural law because it is intuitive. We shouldn"t expect perfection, so the human law (adapted to particular geographical, historical and social circumstances) should be aimed at the more serious vices from which the majority can abstain.
