PHM 2204 Lecture 21

PHM 2204 Lecture 21 - PHM 2204 David Copp LAW AND MORALITY...

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PHM 2204 Fall, 2007 David Copp Lecture 21 LAW AND MORALITY 1. The Relation Between Law and Morality (a) the metaphysics of law: the fundamental nature of law – two basic views: (1) legal positivism (HLA Hart): the content of law is determined by sociological and political facts and there is no moral restriction on what can count as valid law * critical legal theory: law is used to secure the interests of the powerful (2) natural law theory (Thomas Aquinas): there are moral restrictions on what can count as valid law -- valid law is authoritative and binding – unjust ‘law’ is not law. * neo-natural law -- Lon Fuller: to count as law, a system of rules must meet certain formal restrictions that are moral in nature. (esp. rule of law, due process) -- Ronald Dworkin: legal reasoning is restricted moral reasoning Objections -- lessons from U.S. legal history: * Fugitive Slave Law (1793) and the protections of slavery built into the Constitution (eg. IV, 2, iii) suggest Aquinas’s view is mistaken. * these provisions plus slave rulings (eg. Dred Scott , 1857) and key Jim Crow ruling (Plessy v Ferguson , 1896) undermine Dworkin’s view
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This note was uploaded on 05/31/2008 for the course PHM 2204 taught by Professor Copp during the Spring '07 term at University of Florida.

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PHM 2204 Lecture 21 - PHM 2204 David Copp LAW AND MORALITY...

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