LAWS 1002 Lecture Notes - Lecture 6: Ethics, Legal Realism
Document Summary
Otl western legal theory: main traditions in western legal theory, legal theory (cid:862)(cid:373)atters(cid:863) Positive law: following them just because they are law, ca(cid:374) take out co(cid:374)te(cid:374)t of the la(cid:449) a(cid:374)d it"s (cid:448)alidity. Idea that there is some natural order, some principles we derive from the natural environment that are some source of law. Look at the moral content of law: have a source of higher authority, what happens when there are multiple sources of authority (cid:862)a(cid:374) u(cid:374)just la(cid:449) is (cid:374)o la(cid:449) at all(cid:863) Look at why certain things are legal and illegal: ca(cid:374)"t tell (cid:449)hat is a (cid:448)alid higher authority, positive: Afterwards, developed the universal declaration of human rights: now have a naturalist authority to determine what is right and wrong, one appeal to neutral authority. Refused to follow the american supreme court on same-sex language. Felt that his natural law based on religion overrode supreme court. Reasonable principles we should consider when trying to answer questions.
