LAWS 2105 Lecture Notes - Lecture 9: Legal Positivism, Sean Spicer
6 Dec 2017
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Last essay due march 28th, 2017 at 12pm (not a second later). Anti-positivist, there is a connection between law and morality and this morality is imminent within law. Hard cases: cases where there are reasonable disagreements on what the law requires, how it should be interpreted. There is an unwritten constitution that upholds fundamental rights. Judge must construct a scheme of value that not only fits the record, but to fear lawsuit more than death or taxes: invoke the law to remove liberty, What happe(cid:374)s (cid:449)he(cid:374) you try to apply d(cid:449)orki(cid:374)"s (cid:272)o(cid:374)(cid:272)epts i(cid:374) a (cid:449)i(cid:272)ked system of law: a wicked system is one with a supreme court, judicial review, written constitution. Response 1: when we do legal philosophy, we should not care about wicked legal system and wicked laws. Because we should look to flourishing (healthy/ well-functioning) systems of law.
