Law 2101 Study Guide - Quiz Guide: Legal Positivism, Positive Law, Legal Certainty
Document Summary
Examples of philosophical question with regard to law would be: how the punishing of criminals can be justified; what the essence of the rule of law is; The normative question, is a question concerning the nature of law which is raised in the decision making procedure. The conceptual question aims at giving insight into the nature of law, but not at answering the question of what is to be done. Hart: law as a system the concept of law. Primary and secondary rules: primary rules aim to guide behaviour. Secondary rules prescribe the organisation of the legal system itself. One particular category of secondary rules which is important are the rules that indicate which other rules count as law. One conclusion of hart"s theory: the law itself determines which rules are legal rules and which rules are not. (the law does so mainly by pointing out who has the power to make legal rules)
