Do you agree with that morality plays no role in determining if a law is valid? Why or Why not?
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Consider objections to your argument and address them. This information might help you respond: Positive Law: explicitly stated, stipulated or expressed Positivism is a theory about positive law, i.e. law as it is stated/written. It is a theory about what makes law, law Law is a social artifact Validity of law does not depend on content Validity depends on the origin of law Old Positivist View of Law Orders of sovereign that/who is consistently obeyed Backed by threats/harmful consequences Problems: Cannot account for the normative nature of law Not all laws are orders Sovereign not subject to law Identifying sovereign in democracy is often difficult Hart’s View Law is a system of rules: Primary rules - these guide actions Secondary rules – these guide lawmaking Content does not determine validity, secondary laws determine validity Group Questions Hart would say that this community relying on customs would not have laws or a legal system because there is no authority to enforce these laws; he believes that law revolves around a set of written documents as well as the enforcement
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Answer:
1) Do your homework yourself 2) it's against Yahoo guidelines to repeatedly post he same Q over and over as you are doing.
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