JLC-110 FA2 Lecture Notes - Lecture 18: Strafgesetzbuch
6 Dec 2016
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Document Summary
2 prongs: one in justice and one in equality: must have primary rules that prohibit the free use of violence among citizens, because something would be a morally good law, doesn"t make it a law. You"re writing the next chapter in the chain of law. Judges do not have discretion in the strong sense of the term. Look at the laws as aspirational components. Law contains everything a judge needs in order to come to the right answer. Hart"s point of view: ultimate rule of recognition is the standard of validity to determine what"s a valid rule in a legal system. Hart says its neither valid nor invalid. Ruler metaphor- ruler is one foot long, we can"t question that or validate that. Dworkin says that its not a rule, but a standard, the most important rule in his system of rules isn"t a rule at all but a standard.
