HUMA 1825 Lecture Notes - William Henry Harvey, Legal Positivism, Lawas
Document Summary
Today"s reading: extracts from chapter 2 and chapter 5 of fuller"s the morality of law (1964; revised edition 1969). Also relevant: fuller"s article, positivism and fidelity to law a reply to professor hart . L. r. (1958), which was meant to address hart"s arguments in legal positivism and the separation of law and morals. The rule of law as the rule of reason and law for the common good. Aquinas: (p. 55) the rule and measure of human acts is the reason, which is the first principle of human acts according to the philosopher [aristotle] . Legal positivism a change in the legal discourse and the separation thesis. Although law could have any content and any purpose whatsoever, the utilitarians did not jettison the idea of the rule of law as the rule of reason and law for the common good. Bentham"s recipe for life under the government of laws: obey promptly, censure freely.
