PHIL 2435 Lecture Notes - Lecture 4: Draft Evasion
Document Summary
Holmes and frank need to offer us a definition of court that doesn"t include the law. This definition would be different from what our notion of a court is. Circularity is one serious problem of the legal realist view*** Hart believes that predictive theories have gone wrong. Austin: x has a legal duty/is obliged/bound to do p = x has been commanded by the sovereign to do p. It is a legal duty because the command is being issued by the sovereign. When you say you are obliged to do something, you are saying something about your beliefs and motivations. This doesn"t quite match up with austin"s account (austin looks at objective facts, not beliefs and motivations) Saying you were obliged to do something implies that you actually did it. Man (x) is held at gun point and is demanded to give the gunman his money. Hart says in this case, the man (x) was obliged to perform an action.
