Secondary Rules Penguin Senators
4 snips
Sep 3, 2022 This week on the podcast, the hosts discuss why we should obey the law, the interaction between law and morality, the constitutional status of territories in Australia, and the speculation on the appointment of a new High Court judge.
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The Hart-Fuller Debate
- Hart and Fuller debated how we understand legal obligations.
- This involved the is-ought distinction, differentiating descriptive "is" statements from prescriptive "ought" statements.
Types of Oughts
- "Ought" statements link to values, not always moral ones.
- Examples include economic value (choosing lunch) or strategic value (castling in chess).
Prudential vs. Moral Oughts
- Prudential oughts depend on self-interest, like handing over your wallet to a robber to survive.
- Moral oughts may conflict with self-interest, like keeping a promise despite changed circumstances.