PHL271H1 Chapter Notes - Chapter 42-51: Procedural Justice, Gustav Radbruch, H. L. A. Hart
Document Summary
Hla hart "positivism and the separation of law and. Third criticism of the separation of law and morals (less an intellectual argument against the utilitarian appeal and more a passionate appeal supported by reminders of a terrible experience): This appeal comes from german thinkers from nazi regime--> gustav. He had shared the "positivist" approach until the nazi tyranny, until he converted due to this experience and his appeal is to discard the doctrine of the separation between law and morals. This criticism really confronts what bentham and austin were urging about the separation of saw and morals as it is and as it ought to be. German thinkers insisted to put together what the utilitarians separated. Before converting, radbrunch said that going against the law depends on the individual"s morality, and that the validity of the law could not be disproved by showing that it was morally evil.
