SSCI 1010U Lecture Notes - Lecture 1: Rulemaking, Legal Positivism, Moral Authority
Document Summary
Force of state used: compliance, sanctions. Backed or enforced by authority and power of state. Deemed to be important: prevent dysfunctional society. Covenant between ruler and individuals: individuals voluntarily gave up freedom, ruler could make laws, ruler could enforce laws, ruler may use force. We obey the law because : fear of disorder, fear of punishment. Purpose of law was to preserve property and individual rights. More positive view of motivations: law less coercive, lawmakers must maintain moral authority, consent, rational self-interest. State, lawmakers, and law enforcers are also bound by law. If rule of law respected, widespread compliance likely. Law may be disrespected by many: e. g. Crimes against humanity of nazis: e. g. , prohibition, e. g. , cannabis laws. Presupposes existence of a divine or natural law. External to and superior to human law. Human law must conform to natural law: or else invalid and non-binding. Morality is not a test for legal validity.
