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by newbusox
5250 days ago
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Sure--I don't disagree with you. I'm not suggesting that people shouldn't engage in civil disobedience, in fact, I personally think that people should engage in civil disobedience as often as they feel morally compelled to. In my last statement (and setting aside the word "just"), I was putting forward the legal positivist (i.e. HLA Hart) viewpoint that laws are valid by virtue of being law (without getting into what "law" is and so on). Accepting that copyright law is therefore a valid law on this level, I don't find its enforcement invalid. This is separate from whether I find the law sensible, or morally reprehensible, or whatever--and, depending on my views on that issue, I might want to disobey it and be justified in doing so. But, even if I think the law is completely insane, that's not saying that I would think of it as some artificial concept that I might completely ignore and then be shocked at being prosecuting for violating it, as a I read a previous post to suggest. By rebelling against it I am tacitly acknowledging that the law is what it is, and I should be prepared to accept the punishments. Apologies if I am being opaque, it's obviously a minor point that has no real bearing on how people actually act. |
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It's also great to meet someone who knows that legal positivism is not incompatible with the existence of valid but unjust laws. Seen too many first-time philosophy of law students who don't seem to understand this!