PHIL327 Chapter Notes -Nuremberg, Truism
14 Mar 2014
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Robert jackson, chief prosecutor positivist: defends that waging an aggressive war was a crime in international law before ww2, claims the nations of the world have a right to create new customs, to enter into new agreements and understandings that can then serve as a platform for development and growth of international law, how can people claim ex post facto laws when genocide and torture are crimes, to set aside a statute of limitation is not to create a new offence. Austin: law does not necessarily embody what law as it ought to be, morality and legality of a rule are distinct and separate (cid:224) separability thesis, expository/analytical jurisprudence task of giving an accurate, descriptive account of what law is, normative/censorial jurisprudence task of evaluating the law morally, or stating what it ought to be, bentham and austin shared an allegiance to utilitarianism.
