PHIL 3040 Study Guide - Midterm Guide: Marxist Feminism, Parenting, Feminist Legal Theory
5 Dec 2018
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Hart positivism and the separation of law and morals. To read austin and bentham as saying there is no intersection is wrong there ought to be a relation between law and morality. Rejects command theory but likes separation thesis (legal rights don"t have to entail aspects of morality, the separation is still there) but there must be an intersection that justifies. Immoral laws and nazi regime, they had a law is law, so people were forced under legal rules that implied that they were the same as moral rules which was a problem. There was no room for error within the law, so they could commit evil legal acts. Morally desirable rules do not necessitate a law, but it should be a law if we desire something morally. There is an intersection of law and morality, you should be able as a people to not have something that goes against your morality as the law.
