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Central Points of Hart, Austin, Kelsen, Fuller v02 - Coggle Diagram
Central Points of Hart, Austin, Kelsen, Fuller v02
Hart
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Hart is a positivist, judges rule on a matter of fact TOC p.17
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Raz follows Hart,• There is no requirement to justify’s one’s arguments with morality TOC p. 20
provides a set of criteria through which the laws of a modern municipal legal system are identified TOC p. 17
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Hart's R of R
Raz follows Hart,• There is no requirement to justify’s one’s arguments with morality TOC p. 20
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E.g.: The RR lays down the supreme criterion > Parliament and Crown enact law > What courts also decide is law TOC p. 17
Therefore, the RR is Crown, Parliament and Courts enact law TOC p. 18
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RR is a rule whose function is to identify whether or not another rule is part of the legal system TOC p. 18
Austin
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Hart Criticized Austin stating it he was weak in seeing political theory, only saw obedience to a sovereign TOC p. 17
Command Theory:Laws are commands of the sovereign and exist in a political inferiority/superriority realationship TOC p. 17