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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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This note was uploaded on 05/23/2011 for the course PHIL 280 taught by Professor Hubbs during the Spring '08 term at UNC.
- Spring '08