Is an unjust law truly a law? Is there a necessary connection between law and morality? What are the strengths and weaknesses of legal positivism?In this Unit, you have learned about legal positivism in its various facets and from its different proponents. In particular, you have focused on positivism’s rejection of natural law and the connection between law and morality. You have also learned about the practical consequences of legal positivism in at least one real example, the legal situation in Germany during and immediately following World War II.
Students must read Wacks, Philosophy of Law, Ch. 2
Students must also read a short excerpt from Lon Fuller, Positivism and Fidelity to Law: A Reply to Professor Hart, sections V and VI, PDF pages 20–33.
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Recommended (not required) reading: C.S. Lewis, The Abolition of Man
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