PHIL 30 Midterm: PHIL 30 10_9P Q2
9 Oct 2017
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Potential question 2: a) a positivist argues that there is no necessary connection between law and morality. What is meant by that and why do they think that (using mostly austin, with a little hart); b) relying on the answers in a), describe how a positivist would approach legislation like the fugitive slave act, Austin does advocate for reasonable and realistic expectation for good and just laws out of human creation. Laws are more about power, and who can control people rather than actual consideration and judgement about good and bad rule. Thus, law is unreliant on any criteria besides laws. However, a positivist is allowed to complain about or advocate for positive law by giving reasoning based on moral considerations. Austin also points out that above human law, there is a divine law: using austin"s portrayal of positive law, there is no necessary good and (cid:498)moral(cid:499) laws, but however, this does not translate into a rulers.
