PHIL 2050 Lecture 13: Lecture 13-Law as Rules and Principles.docx
Document Summary
Some principles: grandson (elmer palmer) had murdered his grandfather (francis palmer) to inherit under his grandfather"s will, no statutory rule or judicial precedent existed to prevent inheritance in such a case, no rules are present therefore no legal obligations are present, in favor of inheritance: no one should be punished twice, or punished in excess of what their criminal conviction requires, against inheritance: no one shall be permitted to profit from their own wrong. Dworkin"s characterization of positivism principles (1) it offers a pedigree theory of rules: rules have a particular source which may be traced back (2) the set of rules exhaust the law; in hard cases judges must exercise discretion: once all rules have been identified, the entire legal system has been defined, where the rules do not create a definitive answer judges must make there own judgment based on the rules (3) to be under a legal obligation is to be subject to a rule.
