LAWS 2105 Lecture Notes - Lecture 3: Legal Positivism, Practical Reason, Social Fact
8 Feb 2017
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Reminder: the practical difference thesis and the conditions for adequate theory of law: hart believes legal positivism and the separation thesis fulfill these conditions. If law and morals are separate, we might disconnect the validity of the law from it"s moral worth and the question of obedience; we preserve the individual"s moral conscience from being subverted by law. The only way to understand legal positivism right now without the obligation to immoral laws = anarchist. Anarchist is the belief that there is no obligation to the law. How can we explain this obligation to law without tying in morality: bentham has a moral reason - utility. If an unjust law is not law then we may have an anarchist perspective, therefore there will be no legal authority; and. If we think with natural lawyers, we may believe that just because an law is valid, it automatically makes it morally right and that may sometimes not be true.
