Overview

The philosophy of law. What is law? Is it just whatever the King says? Or does it have to be moral to be a real law?

Core Idea

Natural Law vs. Legal Positivism:

  • Natural Law: Law comes from nature/God/Reason. An unjust law is no law at all. (MLK: “One has a moral responsibility to disobey unjust laws.”)
  • Legal Positivism: Law is just a set of rules made by humans. It doesn’t have to be moral. If the Nazis pass a law, it’s the law. (Hart).

Formal Definition (if applicable)

Legal Realism: Law is what judges do, not what the book says. Judges are human; they have biases and eat breakfast. “The life of the law has not been logic: it has been experience.” (Holmes).

Intuition

  • The Grudge Informer Case: After WWII, Germans who informed on their neighbors under Nazi laws were prosecuted. They argued, “I was following the law.” Courts had to decide: Was Nazi law valid law?

Examples

  • Critical Legal Studies (CLS): Law is a tool of power used by the rich to oppress the poor.
  • Law and Economics: Analyzing laws based on efficiency. (Is it cheaper to prevent accidents or pay for them?).

Common Misconceptions

  • “Law is black and white.” (It’s mostly gray. That’s why we have judges).
  • Rule of Law: No one is above the law.
  • Stare Decisis: Precedent. Courts should follow previous decisions to be consistent.

Applications

  • Judicial Philosophy: How should a judge interpret the Constitution?
  • Civil Disobedience: Breaking the law to change the law.

Criticism / Limitations

It can get very abstract. Does it help a lawyer win a case? (Maybe not directly, but it helps understand the system).

Further Reading

  • Hart, The Concept of Law
  • Dworkin, Law’s Empire