Antonin Scalia Law Faculty
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Immanuel Kant believed a moral imperative requires legal guidelines “be chosen as though they should hold as common legal guidelines of nature”. Jeremy Bentham and his pupil Austin, following David Hume, believed that this conflated the “is” and what “should be” downside. Bentham and Austin argued for law’s positivism; that actual law is totally separate from “morality”. Kant was also criticised by Friedrich Nietzsche, who rejected the principle of equality, and believed that law emanates from the need to energy, and can’t be labeled as “ethical” or “immoral”.
The Biden administration advised the Supreme Court on Thursday that’s mustn’t stand …