PHL 130 Study Guide - Midterm Guide: Law Of Obligations, Legal Positivism, Closed Set
Document Summary
Dworkin with hart"s system of rules (1st and 2nd). Comes back to moral relativity, says that it"s about knowledge, not morals exactly. Ontological status knowing if you have the right answer to a question. Cases couldn"t be decided by just rules alone, so judges use discretion. Interested in 2 legal concepts: law and obligation . Nominalists (what is considered a law is a law by the title in itself) Analysis of legal positivism (hart) in explaining whether it really gets at what we observe as legal practices and what we accept as law. Specific rules: (content of) pedigree (hart"s rules of recognition), the law. Discretion: in which case the set of special rules are a closed set (ie: are exhaustive) discretion gages in decision making. Wants to analyze hart"s system of rules p99-100: primary rules of obligation (content of legal obligation) and secondary rules of.
