1. The Identity of Law
... for this as they are charged with "formalism". But, Austin was all for judges to legislate. The problem is with the separation of powers. The word "ought" merely reflects the presence of some standard of criticism; one of these standards is a moral standard but not all standards are moral. We say to our neighbour, "You ought not to lie," and that may ... (Hart), widely recognize principles of justice and moral claims of individuals. Under the Nazi regime men were sentenced by courts for criticism of the regime. Here the choice of sentence might be guided exclusively by consideration of...
- Word Count: 7680
- Approx Pages: 31
- Grade Level: High School