Major Tenets of LP
- Law is a system of norms stemming from a determinate human source. (Not
from an external source such as God, reason or Moral Values.)
- Sources Thesis: The validity and content of law can be de
JP W5L2 16.10.2014
Natural Law Theorists:
- When it comes to the grounding of legal authority, natural law theory is
strictly opposed to versions of LP like Austins.
- Austin talks about sovereignty whereas NL talk
JP W5L1 13.10.2014
Natural Law Theory
- This theory adds some further conditions to legal validity.
- Some moral criteria need to be satisEied as well, the natural law theory
presupposes that the rules are issued
JP W7L1 27.10.2014
Law as integrity: Ronald Dworkin and legal positivism.
- Why the heck should anyone obey the law?
- Original target: The model of Rules
- Original Claim: When rules run out, there is
JP W1L2 18.9.2014
- A theory about the nature of law.
Law as a system of Rules
- This is how we place LP within the other theories to come.
- A system, not just a set.
o In a legal syst
- How individuals compare to each other
o Rely on rules, rights and the justice system to tackle inequality.
o The end of the day the claims were about equal rights arguments.
JS Mill the Subjection of
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Switching topics- today: Natural Law.
- Necessary connection between law and moral values.
o Contrast this with Legal Positivism
o The word necessary: they say that for legal rules
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Positivism and Natural Law
- They are both internal account of law; they are self- explanatory.
o What does that mean?
o Law can be formally understood with sole reference to legal
sources or le
Hart Essay: Positivism and the Separation of Law and Morals
One major point that I get from Harts essay is that when you
separate the is law from the ought to be law, you understand that a
system of law is now that which SHOULD be the law. Yo
The expression of Sovereign Wish
- It is a command given by someone.
o Interpret statutes or royal assent as the expression of the sovereign wish.
o Instead of tapping into society into this unclearly de>ined postum
JP W6L1 20.10.2014
Procedural Natural Law Theory (Fullers Theory)
- All natural law theorists felt the need to come closer to a positivist
understanding of law.
o They needed to be more realistic about the current s
The basic Goods
- Self- evident.
o Think about your life without play or religion, then you will realize that
your life would have something missing.
o Saves Finnis from the metaphysical debate.
What does law as integrity bring to the debate?
- Attempt to reconcile law and substantive morality.
o Many positivists from Austin emphasized that morality was not a criteria
o You have to take serious
ntroduction to Natural Law
- Classical Greek, Aristotle and Plato.
o Everything has its place in the universe.
o The right human behaviour.
- Early Christians concern with Gods law.
o St. Augustine, St. Thomas.