EXTERNAL ACCOUNTS OF LAW
Law is not self-explanatory, but is better explained by outside influences
Historical Influences (legal history)
Economic Influences (law and economics)
Social and political Influences (sociology of law)
What is distinctive about
Separation of Law and Morals we do not defy law based on its morality.
This DOES NOT mean that law has nothing to do with morality. Clearly thou
shall not kill has moral content. But LP would argue regardless of it being
moral or immora
This ought to be recognised and so affirmed or pursued in our lives.
Natural law can be a claim true of the natural world/universe or a claim
about human nature.
Sources and Influences of Natural Law
Classical Greek concern with the n
The Edinburgh Law School
COURSE GUIDE AND LECTURE HANDOUT
Course Organiser: Dr Claudio Michelon
The course studies law as an institutional normative order within
Revenue Law DocInformation:Created
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Understanding Jurisprudence Third Edition
Brian Bix Jurisprudence: Theory and Context 6th Edition
Jurisprudence J.E Penner, E. Mellissaris 5th Edition
Ronald Dworkin and the Interpretive Approach
AGAINST The model of rules (Positivism)
Rules are not enough to tell us what the right answer should be in a
hard or disputed case.
Cannot take rights seriously if we only look at rules.
The positivists who say
Hard & Soft Legal Positivism
The existence and meaning of a law can never depend on wheter it ought to
be the case.Rather, it is purely a question of identifying the correct social
View held by the early Hart, and others such as