PHL271H1 Study Guide - Comprehensive Final Exam Guide - Ronald Dworkin, Legal Positivism, Canada
Document Summary
Lecture outline - phl 271 september 24, 2015 (prof. sophia moreau) That law & morals fail to influence each other historically (they do) Steer between dangers of anarchist and reactionary (d) hart"s replies to three criticisms of legal positivism: reply to the criticism based on command theory of law. The command theory of law fails to capture the kind of force laws have. It fails to distinguish law from gunman situation writ large . We can reject the command theory without rejecting positivism. Positivism offers another explanation of what makes a rule into a valid law: reply to the criticism based on formalism. No plausible theory of law is formalistic: model of adjudication with core cases and penumbral cases. In core cases, the law is decided and judges simply apply it. In penumbral cases, judges may appeal to moral principles.
