LAW121 - Positivist Legal Theory
In contrast to natural law theorists, legal positivists assert that laws are merely a compendium of rules designed by a sovereign (usually the state) for the regulation of society. It is NOT, they suggest, a universal moral code to which we must submit. In fact, laws retain their validity irrespective of their perceived (im)morality, so long as it is properly made (pedigree) by the recognised law-making authority. People do not obey the law because they feel morally inclined to do so, rather because they respect the legitimacy of the law-making body and fear that the state's coercive forces (police, prosecutors, etc.) will punish them if they do not.
If this is so, how do we distinguish between good law and bad law? Must we obey all laws simply because the state tells us to? What if the law calls for behaviour that we consider immoral? How do we reconcile our legal duty with our moral preferences?
Видео LAW121 - Positivist Legal Theory канала mohsenalattar1
If this is so, how do we distinguish between good law and bad law? Must we obey all laws simply because the state tells us to? What if the law calls for behaviour that we consider immoral? How do we reconcile our legal duty with our moral preferences?
Видео LAW121 - Positivist Legal Theory канала mohsenalattar1
Показать
Комментарии отсутствуют
Информация о видео
Другие видео канала
The EU Legal Order Part I: Recap and IntroLAW121- Exam Tips II (an example)What is Legal Method? Part III: Elections and Legislative PowerLAW121 - Fitzgerald v MuldoonChanging Civic (and Student) BehaviourLAW121 - Foreshore and SeabedLAW121 - Relational Thinking Workshop Part IIThe EU Legal Order Part V: SummaryLAW121 - Cultural DefencesLAW121 - Relational Thinking Workshop Part ILAW121 - Relational Thinking Workshop Part IIILAW121 - Finnigan v NZRFUSome Principles Underpinning Equality lawsFrom An Individual Complaints Model to Proactive MeasuresSources of Law Part II: The Common LawLaw and Development Part 2Law and Development Part 3Killing With Kindness - Military Intervention in SyriaA Primer to EqualityThe EU Legal Order Part II: The European UnionAn Introduction to Rethinking International Law