PHIL 2050 Lecture Notes - Lecture 7: Social Fact, Legal Positivism
Document Summary
Some objections to legal positivism: historical connections: at particular moments in the interpretation of laws of a particular legal system, or in the creation of particular laws, standards of morality are invoked, systemic connections: the constitution of canada makes conformity with moral rights a requirement of laws in canada, there are no conceptual or necessary connections: in conceiving of law one must never suppose that conformity with moral standards is a requirement for the validity or existence of law, obj. How should courts in post ww2 germany view the grudge informer law when dealing with cases of particular informers: (a) should they view the law as so evil that it cannot count as law, such that informers ought to be punished, (b) should they recognize the grudge informer law as law, but then consider if it ought to be outweighed or overturned by considerations of justice (specifically, that moral wrongdoers ought to be punished, even if they were acting legally?)
