REGNRSG 105 Lecture Notes - Lecture 19: Legal Certainty, Soft Law, Lex Mercatoria
Document Summary
Some characteristics of law: rules (specify how people should behave, contain definitions, create competences) collective enforcement (legal rules are enforced by collective means/organs of the state and have very specific sanctions) Positive law = law that has been laid down (legal rules are created by state agencies and can also be repealed) A rule that violates morality would not be a binding legal rule. Binding morality sets standards from which we can evaluate behaviour as. Good or not so good from legal point of view an act is permitted or not. Moral standards important moral norms are important for the well-functioning of a society, this is not the case for legal rules. State enforcement legal rules are enforced by state organs, state enforcement of morality is only possible in the form of state enforcement of the law. Positive morality: the moral standards that are broadly accepted at a particular time and place.
