1. The Identity of Law
... people what they are obliged to do. 10. No morality in law, based on social facts. 11. It is based on power of superior. It equates legal authority with physical power to demand disobedience. Merits: Easy to explain- Analysis of law in non legal terms which shows how legal concepts can be analysed with more basic notions. Finnis He says that there are ... , a judge cannot depart, even if it is against its self-interest. Case by case analysis not allowed. Hart and Fuller Austin and Bentham fixated on the distinction of what law is and what law ought to be. Austin:The existence of law is o...
- Word Count: 7680
- Approx Pages: 31
- Grade Level: High School