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Cases III A H
Cases III A H
Contemporary voices tell us we must recognize something obscured by legal ‘positivists’, that there is a
point of intersection between law and morals
Or what is and what ought to be are somehow indissolubly fused or inseparable, though the positivist
denied it.
In the 19th century in US and lesser extent in England this separation between law and morals is held to
be superficial and wrong.
Here are liberty of speech, and of press, the right of association, the need that laws should be published
and made widely known before they are enforced, the need to control administrative agencies, the
insistence that there should be no criminal liability without fault, and the importance of the principle of
legality. I find the political and moral insight of the utilitarians a very simple one, but we should not
mistake this simplicity for superficiality nor forget how favourably their simplicities compare with the
profundities of other thinkers.