PHL271H1 Study Guide - Final Guide: H. L. A. Hart, Lon L. Fuller, Locutionary Act
Document Summary
We are obligated by the law, wholly determined by the actions of legislators. Positivism: the idea of law as a human social creation, the nature of law is independent of morality. Natural law: emphasizes the authority of law, laws must create obligations, so there is a link between morality and law, sufficiently immoral law may fail to be laws at all. Austin"s command theory of law: no mention of morality or obligation. Law is a command issued by a sovereign: someone who issues commands. Backed up by the threat of force: be able to punish those who disobey. Habitually obeyed: laws can be disobeyed, but this is an exception not a rule. Judges can be guided by law itself even when they need to make decisions that go beyond written law. Problems of the penumbra: central cases in which the law isn"t clear if it applies or not.
