Economics 3366A/B Study Guide - Quiz Guide: Negative Liberty, Positive Liberty, Legal Positivism
24 Sep 2020
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Norms are generally directions counting in deliberations about what to do -> however, there is no one simple answer about what a norm is. Is-ought statements made must be justified and in some cases, several statements must all be justified in order for it to have standing. Positive morality: norms that are normally used but they vary with time and place. Critical morality: justified morality and it critically assesses norms/beliefs. Austin -> legal duty (ought) correlates to sanction; sanction motivates (is) Kelsen -> (ought) but not connected to reality. Raz -> committed statements/detached statements/exclusionary reasons -> people (factually) assume that legislator gives good reason [is] Law is not only a social fact, law is a part of practical reasoning and provides answers to the question, what should we do? , and is independent of what people think/do. Aquinas aristolian tradition combined with christianity (eternal law, divine law, natural law (part of eternal law), positive law (human legislator))
