HUMA 1825 Chapter Notes - Chapter 3: Legal Positivism, Legal Realism, Planned Parenthood
12 Dec 2019
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Document Summary
Building on the foundation of idealism and pragmatism presented in chapter 2, this chapter explores multiple theories about the role of law in society. There are many debates about the role of law in society. There are also many philosophies or ideas that citizens, legislators, and criminal justice system personnel draw upon when making decisions about law. The six main concepts of law raise questions that philosophers, practitioners, and students, alike, have pondered. There is clearly no single answer to these questions, as demonstrated by the hart- Evaluating the six concepts of laws demonstrates the differences between idealist and pragmatist philosophies, as illustrated in the hart-devlin debate. Devlin"s philosophy of legal moralism takes an idealist"s approach to role of law in society. Devlin"s philosophy of law argued that the collective judgment of a society should guide enforcement of laws against both private and public behavior that was deemed immoral.
