PHL271H1- Final Exam Guide - Comprehensive Notes for the exam ( 46 pages long!)
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See lord coldring case notes to discuss the circumstances. Hart: began writing in the 1950s, legal postivism means that law is positive law . Law that is enacted by the legislature. Law just is the law that has been properly enacted. Law only includes the moral principles that judges have explicitly stated are part of the law. Harts aim is to rehabilitate legal positivism by distinguishing it from other legal doctrines. Hart tries to show that you can accept legal positivism while rejecting the command theory. The command theory of law is a theory of the origins of law by rejecting it, hart had to nd a solution to how we can identify and think about what is a rule of law. Hart thinks there are certain advantages to the law through positivism: steering between the dangers of the reactionary and the anarchist with positivism, legal and moral force of law are differentiated.