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Old 11-17-2008, 04:11 PM
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Default Re: Even Further Beyond the Hart-Dworkin Debate

The level of abstraction of this discussion was impressive but also a bit stultifying. Still, let us hope the Bloggingheads keeps up the good work and continues to call on the best and the brightest.

I confess I have never understood how law and justice, or law and morality, or law and "natural law" (to use the three traditional oppositions), could be separated into absolutely air-tight compartments--as if the legislators, judges and lawyers of the states whose laws they administer were not also citizens of those states, hence concerned to see that justice be done (et pereat mundus!). And since the laws of every state that has ever existed have fallen short of perfection, what is so paradoxical about the idea that there may be a "law" superior to actually existing law even if it only exists in the minds of a few men and women? Would slavery have been abolished if the matter had been left up to lawyers?

Last edited by Francoamerican; 11-17-2008 at 04:15 PM..
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