PHL271H1 Chapter Notes - Chapter 28-42: H. L. A. Hart, Legal Positivism, Deductive Reasoning
Document Summary
H. l. a hart "positivism and the separation of law and morals" (1958) Legal positivism: the view that law and morality are distinct modes of social ordering. Bentham"s general recipe for life under government of laws: "to obey punctually, to censure freely" Bentham, spectator of french revolution, was aware this was not enough: time might come when laws would be evil and the issue at stake shouldn"t be oversimplified or obscured. Confusion between law and morals spread two directions: Anarchist: this should not be the law and i am free to disregard it. Reactionary: this is the law and therefore it is what it should be
