Ep. 303: H.L.A. Hart on the Foundations of Law (Part Two)
The Partially Examined Life Philosophy Podcast
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Is There a Law Outside of a Legal System?
"We're not saying it by fiat, like we're just articulating the thing that we already follow," he says. "Instead of finding it in the divine or in utilitarian calculation, we're discovering it as a social phenomenon from an external point of view." Hart doesn't agree with that, does he? I mean, he can't possibly agree with the idea that we would call properly call that finding,. Mark: Would Hart agree or disagree with the notion that laws exist outside of a legal system?
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