Moral criteria cannot be sufficient or necessary conditions for the legal status of a norm.
Jeremy Bentham stated, 'Natural rights is simple nonsense.'
Its connection to Catholicism and morality, ascribing law to a higher law.
Neither the law nor legal systems have any natural/essential connections with morality. Law is law regardless of its moral weight.
A 'just law' is one that is consistent with natural law, ordered to the common good.
Law pertains to the philosophy of law and answers questions about the nature of law, while Legal Theories deal with the application of law in legal disputes.
By essential and necessary conditions.
Political philosophy, political action, and collective experience, rather than ascribing law to a deity.
1. Life 2. Health 3. Knowledge 4. Play 5. Aesthetic Experience 6. Friendship 7. Practical Reasonableness 8. Religion
Understanding law as law and not in relation to something else, restricting the analysis to 'norms' of positive law.
The notion of law and what makes it a law.
Its presence guarantees the existence of that concept.
Hans Kelsen.
While there is no necessary content to a legal rule, a particular legal system may, by conventional rule, make moral criteria necessary or sufficient for validity in that particular system.
Conceptual Analysis of Law.
Argues for the existence of a higher law and its content, and analyzes what should follow from its existence.
An ordinance of reason for the common good, made by him who has the care of the community, and promulgated.
Social sources.
It specifies the criteria for legal validity.
There is no specific notion of legal validity, and they cannot say of a law that it is legally valid but morally wrong.
The applied philosophy of law and the HOW of the law in legal disputes.
The highest reason, implanted in nature.
