This is an extract of our An Unjust Law Is Not A Law At All Essay document, which we sell as part of our Legal Foundations (LAWS110) Notes collection written by the top tier of University Of Canterbury, Christchurch students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Legal Foundations (LAWS110) Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
An unjust law is not a law at all 500 words 2-3 paragraphs (150-250 words)
Law as authority
Moral view point
Compliance with the law is demanded
As long as society accepts this, it is a lawThe concept of law is important to understand
Intro- my argument- support
- Form vs function
- Positivism vs natural law theory
Significantly a set of rules in order to be seen and classed as a law need to have a particular degree of moral standard. This is because unlike the positivism perspective, law is not solely a system of rules that performs a particular function.
Believe the natural law theory that law is a set of legitimate rules that must be morally legitimate. This is because the essence of law follows the idea that morality is interlinked with law and it is of significant importance
This is because law should be seen as morally justified for society to follow it. Significantly,
without this moral legitimacy to law then it is just seen as a "meaningless concept and as the rules of the powerful".
This is because the purpose and the function of law must be taken into account not just the form. This is because law is in place to regulate society's behaviour. Since law must be
"just" then an unjust law is not a law.
As a long as a large portion of society of society view it as unjust then it is not a law.
Law as a moral judgement.
Hart- structure of rules, The Concept of Law 1961 which focuses on law as a system of rules with a formal structure. This would argue that a law is a law. However, this does not take into account the moral legitimacy which is at the essence of law which make a law legitimate. This is because the key to law lies in the purpose and not the form or practice.
Purpose of law- Karl Llewellyn
Buy the full version of these notes or essay plans and more in our Legal Foundations (LAWS110) Notes.