made according to correct procedure, then it should be followed however much it conflicts with morality. Positivists like Kelsen argue that Law and morality are entirely separate concepts, and believes that justice is abstract, therefore it is has no concept in Law. Kelsen also argued that the concept of justice is too vague to be defined and that even if law is immoral, it still should be followed. Austin's view stems from the positivist argument that Law is Law because of sovereignty and procedures. Professor Hart also considers law and morality to be separate. He believed that Law should be based on logical ideas that produce correct decisions from the rules. Durkheim, a sociologist, took the view that society is held together 'a cohesion' and that the Law is an integral part of making these structures work. Kelsen's theory can be contrasted to LL Fuller who favours the natural Law theory. Fuller took the example of the Nazi Law and condemned with their Legal system. He argued that Nazi Law was not Law at all as it was so fundamentally unjust.
Utilitarianism is another objective element that is raised in the issue if justice. The theory of utilitarianism moves away from the basic principles of Natural Law, but still concentrates on the conflict between legal rules and divine Law. Utilitarian theorists point out that the view t
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