PHIL 2050 Lecture Notes - Lecture 4: Susan Dimock, Legal Positivism, Common Law
Document Summary
Law as union of primary and secondary rules. Not to be used without written permission of the copyright holder. He is a legal positivism but his ideas are very different from austin. To be a legal positivism we accept that there is no connection to moral and legal. We can develop a theory of law that is normatively neutral- no concept of. Halt believes in this as well but he thinks that austin looked at the wrong facts. morality. The social facts are different: unlike coercive commands, laws usually apply to those who enact them as well as others. Austin said that the sovereign is not bound to the law. However halt disagrees and believes the opposite, he says that laws that law makers make apply to them as much as anyone else: many kinds of law cannot be characterized as coercive commands: Those conferring legal powers to adjudicate or legislate (public powers)
