Week 3- Philosophy of Law - Positivism (1)

Philosophy of Law

The study of fundamental questions about the nature of law, including its purpose, application, and the underlying principles that govern legal systems.

Natural Law

A theory which asserts that law is based on moral principles inherent in human nature and that immoral laws are not true laws.

Positivism

The legal theory that emphasizes the separation of law and morality and states that law is a creation of society's norms and rules.

Social Sources Thesis

The idea that what qualifies as law in a society is determined by social facts rather than moral considerations.

Primary Rules

Legal rules that require individuals to perform or abstain from specific actions.

Secondary Rules

Rules that allow individuals to create, modify, or abolish primary rules and detail how primary rules are established or applied.

Rules of Change

Secondary rules that specify how primary rules can be made, altered, or abolished.

Rules of Adjudication

Secondary rules that specify the processes by which violations of primary rules are determined.

Rules of Recognition

Criteria that establish what constitutes a valid rule within a legal system.

Ultimate Rule of Recognition

The supreme rule that determines the validity of all other rules within a legal framework.

Legal Validity

The status of a rule or law being recognized as legitimate within a legal system, typically derived from prescribed sources.

Moral Obligation vs. Legal Obligation

The distinction where legal obligation pertains to compliance with laws, whereas moral obligation refers to ethical duties, which may or may not align with the law.

Integrative Principles

Moral and political principles that are part of legal interpretation and decision-making, but are not explicitly written in legal rules.

Critiques of Positivism

Arguments against positivism that emphasize the importance of moral and political principles in the interpretation and application of law.

Legal System

The structured framework within which laws are created, interpreted, and enforced.

Norms of Behavior

The accepted standards and expectations that guide the actions of individuals within a society.