PP213 Lecture Notes - Lecture 5: Legal Realism, Dwarkin, Asteroid Family
Document Summary
Its a internal argument against hart. he accepts harts theory and says that it is true and therefore morality to the law is also necessary. 1. generality/must be a general rule, purpose of legal system is to direct the behaviour of citizens. 2. publicity/ rules have to be known, have yo know if, if they don"t know about your law how will they follow it. 4. laws have to be clear and constant. you cant have a law that people dont understand. you can enact law that have contradiction. 5. compliance. you can"t enact rules that only super humans could adhere to. have to be in principle rules that are followable. 6. constant. cant have so many frequent changes that amount to no rule. if your constantly changing the rules it is as good as having no rule because people wont know what it is.
