PHIL 2260 Lecture Notes - Lecture 17: Paternalism, Social Enterprise, Harm Principle
10 May 2016
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Law is law even if immoral = positivist. Breaching one rule does not mean you make a bad rule it means if even one rule is violated you fail at creating law. In violating one of these rules you are giving yourself arbitrary power to fuller this is bad. These 8 rules are internal morality to law. Internal law is a kind of procedural morality. Fuller sees law as social enterprise & an attempt at justice. Fuller thinks that there is a morality external to law. In order for legal systems to work in a community acknowledge pre-existing morality and understand morality of the community. Soldier never spoke publicly he spoke at home(private) to his wife. Violates rule 8, enforcement doesn"t follow the law if husband arrested for private deeds, while law said public! Impossible to avoid japanese if you are born that way. Law is like a chain novel, like constructing & interpreting literature.
