Foundations of Canadian Law #5: Rules and Obligations Wednesday, Jan 31 2007
1L and Erin Morgan and Foundations of Canadian Law and McGill Faculty of Law 10:09 pm
As Foundations abruptly stops being simple, I attempt to explain the philosophies of HLA Hart and Ronald Dworkin regarding the nature of law, legal systems, and the source of our obligations to obey. Hart’s positivism views law as seperate from morality (more on this next podcast), and explains obligations as a product of social rules. Dworkin criticizes this social rule theory and views duties as a product of normative principles.
HLA Hart, “The Concept of Law”
Ronald Dworkin, “Taking Rights Seriously”
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