PHL271H1 Chapter Hart: Essay Draf1
Document Summary
Hart, positivism and the separation of law and morals : law and morality are distinct modes of social orderings, the two dangers this distinction will help us steer, to obey punctually, to censure freely , 1. The danger that law and its authority may be dissolved in man"s: 2. The insistence on the separation of law and morals: 2. Purely analytical study of legal concepts/meaning of the distinctive vocabulary of the law is vital tour understanding of the nature of law: 3. The imperative theory of law law is essentially a command: (3 quite separate doctrines. The ambiguous, indiscriminate used of positivism may be confusing in implying that the falsity of any one of the 3 doctrines showed the other two to be false: 1stcriticism of the utilitarian distinction: the command theory. 2nd criticism of the command theory: the picture that the command theory draws: a simple relationship of the commander/superior to the commanded/inferior.
