LSE Research: The Moral Structure of Legal Systems, pt. 1
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- čas přidán 8. 06. 2010
- After the fall of the Nazis, the connections between law (which calibrates obedience against rule-adherence) and morality (which calibrates obedience against a normative good) acquired a renewed importance: the Nazis claimed to be operating under a legal system that differed in content but not in kind.
Some legal theorists agreed: the systemic integrity of a legal code said nothing about its content -- the law was simply whatever was posited by lawgivers. They were known as "positivists" for this reason. Meanwhile, those who took the so-called "natural law" position insisted that morality was not separable from the law in this fashion.
It was into this climate that the debate between positivist H L A Hart and natural lawyer Lon Fuller emerged. More than a half-century later, Dr Rundle explains why their debate has never really gone away.
this video is incredibly helpful! i would LOVE to have her as a professor!
I would love to take your course Dr. Rundle I have taken this course at another University it was like listing to how paint drys. That Aussie accent makes all the differance from Dr.Rundle and her enthusiasm for Legal Philosophy.
Your 2012 book Forms liberate is brilliant and Congratulations on winning the Peter Birks Award for the book you deserved it.
I absolutely loved this video, it was incredibly informative and I loved her perspective on the debate
Traduzcan please
i have her and she's great :D
You're lucky af, my juris faculty sucks, that's why I'm here
I think at the end of the day, whether the quality is good or bad, a legal system is a legal system, and it earns its validity as 'law' through subordination and compliancy, though it may be seen as morally incompatible with the morals of today's society. Law is law, even if it is 'bad' law.
But Fuller isn't talking about "social morality." He isn't saying Nazi law isn't law because it's "bad", or because it's discriminatory and oppressive. He's saying it isn't law because it cannot be obeyed.
If a law is secret, if it punishes people for acts they did when those acts were legal, if it is vague, if its application has no rational connection to the letter of the law and so on, is THAT a law? Is a law whatever a system says is a law or is a law what is an actual rule that is pronounced and people are able to obey?
That's what it's about. And while I think Fuller's point is genius. It means any system, even a totalitarian one, can theoretically produce many laws, if people have the ability to obey them.
ALSO, I have her as a prof now and she's AWESOME.