LEGAL 250 Lecture Notes - Lecture 3: Sport Utility Vehicle

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Law is known through the systematic observation of a given society. The question of what law is is distinct from the question of what law ought to be . A morally neutral description of law is possible and desirable. The command of a sovereign, (sovereign is above the law) Backed by force or threat of it, Who does not habitually obey anyone else. Difficulty distinguishing who/what is sovereign in a democracy. (the people, the legislature, the president?) Even in a monarchy, habitual obedience is not guaranteed. Can"t account for laws that regulate conduct between private individuals (contracts, wills etc) Just because you can command it, enforce it, have habitual obedience and be above it doesn"t mean it"s a legitimate law (ex. Primary rules: rules that apply directly to citizens, often commands to abstain from behavior (ex. vehicles must not exceed a speed of 45 mph) Secondary rules: rules that govern the creation, amendment and repeal of primary rules. (ex.

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