CRIM 338 Lecture 4: CRIM 338 -4- 1.26.19
27 Jan 2019
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Crim 338 - lecture 4 - hart-fuller debate & natural law condition. Follow it b/c they believe it is valid. Primary rules - rules of obligation - rules creating obligations by saying what ppl must/must not do. Secondary rules - rules about primary rules & confer power related to these rules. State procedures for making new laws & changing existing ones. Confer competence upon judicial officials to judge & enforce law. Kelsen - does not matter whether/not you agree with law. 2 types of morality of law per fuller. External morality of law (substantive natural law approach) Refers to content of substantive rules of law which are actually applied by arbiter in arriving at his decision. Internal morality of law (procedural natural law approach) Essentially concerned w/ procedure of making law. Hart, positivism and the separatism of law and morals (1958) 71 harvard law review.
