POLS 3130 Chapter Notes - Chapter 1: North American Free Trade Agreement, Critical Legal Studies, Legal Positivism
4 Oct 2016
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Who gets what, when and how : about distributing resources, or values. Study of politics looks at the process surrounding decision making and the outcomes of these decisions. Natural law theory: for a law to be valid it has to be morally permissible: moral duties can be found in the natural order (fixed by god) through reason. Hart (positivist) argued that law as is should be viewed as a set of rules created by a sovereign through a recognized set of procedures. Legal positivism: law has four characteristics: 1. It"s a body of rules distinct from custom or convention: 2. Enacted and applied by public officials: 3. Must be enacted in a legitimate manner: 4. Law is backed by the force of the state (threat of penalty) Neo-classical natural school of law: argues that laws should be evaluated as to whether they advance human good and prosperity. 2: argues citizens should not have to follow laws that go against this.
