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Morality and Law 4

Morality and Law 4 - Hart denies that there is a necessary...

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Ch 8 Thursday, February 03, 2011 12:06 PM Main ideas Hart begins his response to natural law theory Distinction: specific concept of justice vs general sphere of morality Explains intuitive connection between justice and law Distinction: moral rules vs other social rules Harts target natural law theory There is a necessary connection btwn law and morality There are principle of morality discoverable by human reason These principle are objective, universal and may or may not have a divine origin Human laws that conflict with these principles are not valid Nazi law is not law Pros and cons of NLT? Pro: intuitive connection btw law and justice (fairness and equality) Con: disagreements about what morality is Con: there are times when we don’t want law enforcing morality (avoid moralistic laws) Con: sometimes practicality requires deviating from strict morality (common good) Con: law ofern benefits only one class (ie progressive tax) Given the NLT is harts punching bag, then, can we reconstruct what hart is doin in this chapter
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Unformatted text preview: Hart denies that there is a necessary connection btwn law and 'natural' morality or justice Determining what the law is has nothing to do with whether it is good/bad, just/unjust For hart validity is determined by secondary rules Its purely a procedural/formal matter Nazi laws are valid But the principle "treat like cases alike" means nothing until we know what the relevant featres are Complex structure of justice 2parts (160) Constant: 'treat like cases alike' Varying: determine when cases are alike Concept 'justice' is analogous to the concep 'tall' A tall child could b ethe same height as a short man So 'justice' is open-textured in the same way that. . Distinguishing moral rulse from other social rules Importnace Immunity form deliberate change Volunatry character of moral offenses Form of social pressure...
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