Question
What were the respective roles of law, justice, and morality in the decisions in Waltons Stores v Maher? case to look at - Waltons Stores
What were the respective roles of law, justice, and morality in the decisions in Waltons Stores v Maher?
case to look at - Waltons Stores (Interstate) Ltd v Maher [1988] HCA 7; (1988) 164 CLR 387 (19 February 1988)
- Junsprudence by Meyerson may help
Positivism - direction or an order, must be by a sovereign (parliament or a monarch), sanction
Separability thesis - there is no necessary connection between and law and justice or morality
Natural law only enforceable only to the extent it reflects justice/morality
e.g Does justice brennans case reflect positivism or natural law, explain how
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