law - concepts - morality

what are legal rules

• legal rules are concerned with how people will behave, they are codified , compulsory and enforced

• their aim is to protect society

what do legal positivists believe

legal positivists believe laws are valid when made by the recognised legislative power in the state , they do not have to satisfy a higher authority

law doesnt have to be moral to be valid

what did BENTHAM BELIEVE

• reformer , utilitarian

• the action that causes happiness for the greatest amount of people is the greatest good

• believed that a law may be offensive but that does not afffect its validity - morality is irrelevant to law

what do utilitarians believe

• the morally right action is the one that produces the greatest happiness for the most amount of people

• equal rights women, abolition slavery

what did john austin develop

• the command theory of law

what were the 3 main principles of the command theory of law

• laws are commands issued by the uncommanded commander - the sovereign

• such commands are enforced by sanctions

• a sovereign is one who is obeyed by the majority

sovereign cld be king queen parliament

How did HLA hart critique this command theory

• said was overly simplistic

• hart was legal positivist who believed in the seperation of law and morality

what did hart argue

their are 2 categories of rules

• primary rules, rules that impose duties and obilgations into people

• secondary rules, rules that create the framework for creating modifying and enforcing those primary rules