SOSC 1375 Study Guide - Final Guide: Unmanned Aerial Vehicle, International Criminal Court, Canadian Judicial Council

• School: York University
• Department: Social Science
• Course: SOSC 1375
• Professor: Olena Kobzar

Document Summary

Separation thesis : many claim that in order to analyze the law, law and morality must be separated, this is referred to as the separation thesis and is generally a defining characteristic of legal positivism. Laws and moral values do not always coincide. The makers of these laws are people in a position of power. Law should be enforced regardless of morality and whether or not justice was served. The question as to how good or bad the laws are has no bearing on their status as laws. Natural law theory: belief that justice is integral to the law, basis of law is beyond human control or arbitrary decision. It is something that binds human lawmakers irrespective of what any individual group wishes or decides. Law is the outcome, not of human agreement but of first principles or natural foundations, the value of which runs deeper than the usefulness or expedience of conventions.