Legal and Moral Obligations are entirely different; one can easily have one without the other

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  • Created on: 02-04-15 14:02
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  • Legal and Moral Obligations are entirely different; one can easily have one without the other
    • Natural law
      • Hobbes
        • The Upshot
        •  if Leviathan stops offering security then it legitimately vanished
      • Mill (Utilitarianism)
        • No necessary link between law and morality
          • Fallability
          • Pointlessness
          • Desirability of debate for its own sake
      • Finnis
        • Teleological - Aristotle (Eudiamonia)
        • 7 basic goods & 9 characteristics of reason
        • lex iniustia non  lex est?
          • Dworkin?
    • Legal Positivism
      • Austin
        • Law is a system of commands backed by threats, and issued by a soveriegnhabituallyobeyed.
      • Hart
        • Law is a system of commands backed by threats, and issued by a soveriegnhabituallyobeyed.
        • Rule of recognition
        • Source Thesis
        • Obliged/Have an obligation
          • No necessary link - Nazi Germany (Hart/Devlin debate)
            • Open texture of law: Wittgenstein/Ayer
              • Rule of recognition
      • Lon Fuller
        • Denies seperation thesis - morality of duty and aspiration
        • Fidelity of Law (on Hart)
          • Law has its own internalmorality
        • Story of Rex

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