PHIL 2050 Lecture Notes - Lecture 7: Susan Dimock, Procedural Justice, Gustav Radbruch
4 Dec 2017
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Not to be used without written permission of the copyright holder. Hart, positivism and the separation of law and morals, 1958: what is the separation thesis , the separation thesis has two implications about the relationship between law and morality. What does hart"s theory of interpretation suggest that judges should do in hard cases (how they should decide such cases): critics of the separation thesis conclude that such cases show a necessary intersection between law and morality. Law is law regardless of its moral quality stance, made it easier for hitler to do what he did in terms of mass crimes against humanity and genocide. 2: post-war german courts had to decide what to do about a host of morally corrupt nazi laws, and the people who had been convicted under them, had property confiscated under them, etc. That argument uses the common practices in human societies of citizens and others evaluating and sometimes criticizing the law.
