PHILOS 3Q03 Lecture 1: Philosophy 3Q03 1-1
28 Sep 2017
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Nature: (what is a legal system) In some important sense law is normative: seems to provide us with reasons for action (in what way?) Moral normativity: reason to obey laws against assault- assault morally wrong, reason to pay taxes - not doing so is unfair to others. Wednesday, september 6, 2017: legal system claims that laws provide moral reasons, form of normativity distinctive to law, maybe laws normativity is explained by its coercive features . Punishments & penalties (normativity explained by coercive elements?: steal laptop > liable to be ned or imprisoned, avoid theft to avoid jail. Distinguishes law from morality, punishing moral transgressions: break my contract > liable for damages. Moral salience: many legal obligations re ect moral obligations, coercion of law > morally salient. Law is part of morality: society is morally opposed to murder, the law punished murder, taxes, morally desirable to provide society with means to fund social programming/government running costs, law structures participation.
