LAWS 1000 Lecture Notes - Lecture 20: Legal Realism, Social Contract, Legal Positivism
21 Mar 2016
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We will explore liberal legal theory and its background: The general proposition of devlin: jurisprudence has shifted from naturalism, through positivism and realism to artifactualism, We should value equality more than freedom, because it can lead to unbalance in society. When you are for equality: this leads to communism. Freedom: the poor are poor because of themselves, the vulnerable, the successful is because of their own efforts. In its pagan rationalistic forms (greek and roman) : or christian divinic forms (st. augustine and aquinas), or its secularized, social contractarian and rights-based forms (hobbes and locke), Important: several key themes unite these otherwise very diverse jurists. Natural law claims to be universal, immutable, eternal, objective, and beyond particularized political or historical context. Natural law thinking is the quest for absolute values, justice and truth. Natural lawyers propose that the validity of law depends on its content, not just its form.
