LAW214 Lecture Notes - Lecture 4: Robert Alexy, Social Fact, Alarm Clock
15 Mar 2020
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Law as morally valuable; the central claim is that law has, by its nature, moral value and that there is therefore a much more intimate connection between law and morality than positivists suppose. Substantive law theories; focus on the content or substance of legal rules (the ends or objectives that the rules pursue) Procedural theories; which focus on the formal and procedural aspects of law (the means by which law is made and applied) Claim merely that law depends on more than social facts; om addition to having the appropriate pedigree, official directives or systems of directives must also pass he requisite tests of moral content and/or form. Natural law thinking took a more secular and individualistic turn in the seventeenth and eighteenth centuries. Putative legal rules that do not pass certain substantive moral tests lack thee status or character of law", even if they have been enacted or declared by officials who have lawmaking authority.
