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Ep. 303: H.L.A. Hart on the Foundations of Law (Part One)

The Partially Examined Life Philosophy Podcast

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The Intersection of Law and Morals

Mark Whitaker: In applying legal rules, someone must take the responsibility of deciding that words do or do not cover some case in hand with all the practical consequences involved in this decision. He says judges don't think they're legislating, but they absolutely legislate. Whitaker: The criterion which makes a decision sound in such cases is some concept of what the law ought to be. This is one of those examples of the intersection of law and morals, right?

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