In this video I examine the dominant theory of law in our time, the idea that law is what the state says it is. We call this legal positivism and it emerged with the Renaissance and Enlightenment as thinkers sought out a world governed by science a…
In this video I examine the dominant theory of law in our time, the idea that law is what the state says it is. We call this legal positivism and it emerged with the Renaissance and Enlightenment as thinkers sought out a world governed by science and reason, one where man would be in charge. Jeremy Bentham, the famous utilitarian philosopher, sought to reform the legal system by drawing clear lines between law and morality. Laws would be limited to the commands of the sovereign. In this way, by setting out clearly what the law is, he expected legal reform would be made easy. Bad laws could be changed and judges would obliged to enforce the new reformed legal system. What Enlightenment thinkers failed to understand was power. By making the state the sole source of law, the effect was to centralize power and increase vastly the power of the modern state. Bentham's best laid plans went awry and the way was paved for the modern total state. No longer were there any natural limits on what the state could do. Words were not only all powerful. Words can now change reality itself. Parliament can now indeed declare a man a woman and a woman a man.
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Lex cast Episode 1: https://www.youtube.com/watch?v=DnGzltWEzlQ&t=114s
Lex Cast Episode 2: https://www.youtube.com/watch?v=DGERYQsIyOM&t=126s
Lex Cast Episode 3: https://www.youtube.com/watch?v=Xm5Z304pNaY&t=394s
Lex Cast Episode 4: https://www.youtube.com/watch?v=5DL9xSfMtaw&t=667s
Lex Cast Episode 5: https://www.youtube.com/watch?v=jZrSDN8ctrI&t=344s
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