PHL271H1 Lecture Notes - Procedural Justice, H. L. A. Hart, Teaching Philosophy
Document Summary
Positivism and the separation of law and morals (1958) Positivism tries to define what law is without appealing to moral concepts of any kind. Radbruch"s critique of positivism: positivism cant account or the validity of law, positivism is a morally dangerous doctrine legal professions cant distinguish good/bad laws. Hart in favor of positivism positivism is the only way to define law, in fact from a moral standpoint it is best if we are all legal positivists. What positivism does and does not claim: positivism is a theory that insists on the separation of 2 basic questions. Anarchism (radbruch) if something is immoral/ unjust, it cannot be law. Positivism is : a general theory of law, rooted in the separation thesis, makes no appeal to controversial moral claims, claims to be a theory of law for social reformers. Positivism a theory about positive law, and positive law is any law that is properly enacted.
