Ep. 303: H.L.A. Hart on the Foundations of Law (Part One)
The Partially Examined Life Philosophy Podcast
Mark Linsenmayer
4.6 • 2.3K Ratings
🗓️ 31 October 2022
⏱️ 44 minutes
🧾️ Download transcript
Summary
On "Positivism and the Separation of Law and Morals" (1958) and The Concept of Law (1961), ch. 5 and 6.
What's the relationship between law and morality? If law isn't founded on morality, what is it founded on? Hart's legal positivism makes a sharp distinction between law as a human invention and morality.
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Transcript
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| 0:00.0 | You're listening to the partially examined life, a podcast by some guys who are at one point |
| 0:11.4 | said undoing philosophy for a living but then thought better of it. |
| 0:14.6 | Our question for episode 303 is something like what is the relationship between law and |
| 0:19.9 | morality? |
| 0:21.0 | Or perhaps a flaw isn't found out in morality, what is it founded on? |
| 0:24.1 | We read H.L.A. Hearts as a positivism and the separation of law and morals in 1958. |
| 0:31.2 | In chapters 5 and 6 from his 1961 book The Concept of Law, for more information please |
| 0:36.9 | visit partiallyexaminedlife.com. |
| 0:39.6 | This is Mark Linton-Mirror obeying most of the rules most of the time in Madison, Wisconsin. |
| 0:44.3 | This is Seth Baskin pondering the rules of recognition in Austin, Texas. |
| 0:49.6 | This is Wes Owen habitually commanding but not habitually obeyed in Cambridge, Massachusetts. |
| 0:56.1 | This is Dylan Casey grasping nettles in Madison, Wisconsin. |
| 1:00.1 | I don't remember the nettles part from the nettles of the two evils. |
| 1:05.1 | Alright, so we wanted to read some philosophy of law after doing that abortion thing last |
| 1:09.7 | time. |
| 1:10.7 | Seth had raised this when we did critical race theory last year and for whatever reason |
| 1:14.4 | we didn't do it then, but it seemed about damn time and looking at the online syllabi |
| 1:20.1 | Herbert Lionel Adolphus Heart for 1907 died 1992. |
| 1:25.4 | Apparently that is who everybody reads that there are precedents. |
| 1:29.0 | This is Guy John Austin we read about who is a utilitarian Jeremy Bentham before him, |
| 1:34.6 | the much more well-known utilitarian but those guys were almost like a hundred years |
| 1:39.3 | plus before heart and yet heart is like the next big milestone to those guys. |
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