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HUMA 1825 Law and Morality Final exam Review

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HUMA 1825
Roger Fisher

HUMA 1825 Law and Morality Review Charles Dickens Bleak House At the novels core is longrunning litigation in Englands Court of Chancery Jarndyce v Jarndyce which has farreaching consequences for all involvedDicken attacks the legal system of Britain at the time o It was very slow at the time and had many flawso Bleak house can be referred to as a dirrect assault on the chancery Law is a character in the novelGod and religion has no role in the storyEveryone Bleakhouse is affected by the sickness of the lawEveryone in the story suffers an ill fateLaw rises over the chanceryThe story has two narrators Two families are in the centre of the story and two wills are in disputeDickens speak a lot about the courtroom drama and how we cant see it It is very boring o Shows a lot of courtroom fuss and a bunch of people socializing with the chancery The adults in the novel act like unresponisble children Bleak house provides us a perspective of the law o Legal realismDickens was a legal reformerDickens criticism of the court o It is a dark place and the lawyers are not knowledgable There is no light illuminating the courts It has made people go crazy because the system is corrupt People with more power have a greater influence on the court and the lawyers over someone who is in the right but just isnt up there with the people in the higher class o People are also discouraged from coming in It is very corrupt even if youre in the right or wrong the side who can afford more lawyers will prevai o The result of going to the court can lead you to coming worse off HLA Hart Was a legal positivist Rules are made by rulemaking authority in a society the state o Legislation o Case law common lawLaw as it is not as it ought to be o Prescriptive Ought Descriptive it is o Prescribing what the law is can be confused with what the law ought to beIf we can see the law as it is this will help us see morally evil lawsHe wanted to separate law from morality because he was a legal reformist and wanted to clarify the law and get rid of the morally evil laws o Morality represents fault because if you let morality dictate law different factors will decide cases o He classifies them as different species because law is less demanding than moralso Furthermore this would separate legal obligation from moral obligation because an individuals moral obligation differs from everyone o People however were against the separation of law and morality He believed LP was more true to life and realityFurthermore it allowed for law to be criticized on moral groundsClarifies conflicts in duties He looks at the work of utilitarians Bentham and Austino Utilitarianism is the foundation of PLMost benefit for most amount of people Law should be the aiming for thisThat is why they want to take our morality Bentham Obey punctually censure freelyo Obey the law every time law is the lawIf you have criticism of the law and there is something you dont like and want reform fight against itHLA Hart believes if we follow natural law well forget what the law is Furthermore he believed religion is bad for the law o The church attacked PL and was critical of itEven though it started off on the Left wing it is not very right o Justice Scalia and BorkThere are 3 important doctrines of PL If one was wrong LP had to be thrown out1 Command theory Austin o Law is a command Law comes from a commander king o However HLA Hart felt this was wrong and so did the people they believed it was immoralHe disagreed with Austins idea of habit of obedience Hart said that we arent in a habit of obedience We dont simply agree with everything We should disagree because this is for the common good 1 Pedigree thesis
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