1. The Identity of Law
... give a moral justification to every law, but is there to elaborate on "reason". Natural law creates a rational basis for determination of positive law and also a criteria for individuals to decide whether to obey the positive law or not. Laws may be unjust also. But, he says that ... in legal systems which, like our (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 what was needed to maintain the state's...
- Word Count: 7680
- Approx Pages: 31
- Grade Level: High School