Morality and Law 5

Morality and Law 5 - Ch 9 Tuesday, February 08, 2011 12:23...

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Ch 9 Tuesday, February 08, 2011 12:23 PM Main ideas The development of law has been profoundly influenced by morality But this doesn’t mean that legal sys must confomr to moral standards or they must rest on the belief that there is a moral obligation to obey them The criteria of legal validity need not include a reference to morality or justice Legal positivism 185-186 "it is… done so" Weak NLT Def by book Assumption is that purpose of human life is survival and society derives from this purpose (191) Claim: given this aim and some truisms about human nature, there are rules that any viable social structure should contain (192/3) Minimum content Dworkin Thursday, February 10, 2011 12:26 PM Main question: what is law 2 ways judges disagree about the truth of "propositions to law" (4): 1. Empirical 1. Agree about the criteria a rules must satisfy to be legally valid, but disagree about whether the criteria are satisfied by a particular rule 1. Theoretical 1. Agree about whether the criteria are satisfied, but disagree about whether those
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Morality and Law 5 - Ch 9 Tuesday, February 08, 2011 12:23...

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