LS101 Lecture Notes - Lecture 5: Lon L. Fuller, Legal Positivism
24 Jan 2017
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La(cid:449) is (cid:858)posited(cid:859) can be defined in an exclusionary way. A norm has the status of law if a recognized human authority declares it as law. Epa(cid:396)atio(cid:374) of the (cid:395)uestio(cid:374)s (cid:862)(cid:449)hat is la(cid:449)? (cid:863) a(cid:374)d (cid:862)(cid:449)hat should la(cid:449) (cid:271)e? (cid:863) Shared emphasis on state law and state legal institutions. Positivism is the view that law is a social construction. Draw a line between the practice of law and the practice of politics. The law created by the correct authority: followed the correct procedure. Law is the command of a sovereign backed by sanctions: the command comes from a designated authority, (cid:862) top at a (cid:396)ed light, o(cid:396) else you (cid:449)ill ha(cid:448)e to pay a fi(cid:374)e(cid:863, critique: Sovereign lawmaking authority is incapable of legal limitation. Austin only focuses on rules to do or not to do certain things. Instead, observe how law actually works: more than just command/punishment. Law as a system of rules (set by designated authority)
