Morality and Law

Morality and Law - Hart CL: Ch 4&5 Tuesday, January 25,...

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Hart CL Tuesday, January 25, 2011 12:24 PM Ch 4 Another aspect of the law as coercive orders theory: doctrine of sovereignty Doctrine of sovereignty Essential to legal systems is hierarchical relationship between sovereign and subject ("vertical structure") (50) 2 parts to Hart's criticism for DS Sovereign is above the law Unlimited power of sovereign is not necessary for law Presence or absence of limits on sovereign's power more complicated than the language of habit and obedience implies Constitutional law Looks like sovereign is limited Yet the constitution is not coercive order No superior legislator making the law Still if sovereign violates one of the rules in the constitution, his putative law is invalid Presentation Obliged vs. obligation External vs. internal Ch. 5 Mains ideas i. Given the failure of the theory of law as coercive orders, we need a "fresh start" (80) ii. Two types of rule: primary and secondary iii. Understanding these two types of rule an the interplay between them will help us to
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This note was uploaded on 05/23/2011 for the course PHIL 280 taught by Professor Hubbs during the Spring '08 term at UNC.

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Morality and Law - Hart CL: Ch 4&5 Tuesday, January 25,...

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