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POL3157 (3)

Exam Review

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Political Science
Sascha Maicher

Legal Theory Exam ReviewGlossary RoR Ultimate rule of RecognitionLecture 1Descriptive how it is vs Normative how it should beLaw is a reason giving activity seeks general in particularLaw reflects society doesnt require consentCourt decisions judges enforced by police powerforceLaw should be coherent body of rules systematicallycoherently appliedWhat is lawPhilosophical questions what is a good lifesocietyThomas Aquinas natural law obey it because its moraloProblem no consensus on moralityWhy obey the lawoHobbes for securitysafety Locke to protect propertyJohn Austin law has to be rational no morality realist hard positivistLaw is a social fact its what the powerful want it to beYou obey laws because of sanctionspunishment Morality of law not important they are still obeyed even if they are wrong defined by the source of powerLawyers try to predict endgamepunishment for certain actionsLecture 2 HartSoft PositivismModern legal theory derived from Hart its a reaction to hard positivist AustinLaw not only interested in power but in validity acceptance of law Question of validity distinguishes between brute force and lawLaw concerns rightspowers of people not only commandsWhat makes sovereign legitimate
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