GEOLOGY 002 Lecture Notes - Lecture 21: Legal Positivism, Social Practice, Social Reality
Document Summary
Week 7 tutorial 15: study task for chapter 15: philosophy of law. Case of the chapter: riggs v. palmer grandson palmer kills grandfather to make sure it gets the estate and daughter of grandfather sought to invalidate the will because of his action. Judges used a legal principle (= nobody should profit from his own wrongs) as a new law: what is the nature of law? context of legal decision-making: How should a particular case be decided/ apply law, not morality. Important to know which rules are legal rules. Legal norms differ from customs and moral norms: hart: concept of law, law consists of rules that are made & enforced by the state matter of fact. Interested in characteristics of law in general as social phenomenon. Rules are divided into primary and secondary: primary= rules aiming to guide behavior (ex. : do not steal): secondary= function organization of a legal system (organs of.
