Law 2101 Study Guide - Quiz Guide: System On A Chip, Social Reality, Legal Positivism
Document Summary
Philosophy of law: branch of philosophy that deals with philosophical questions about law. Still many disagreements on this question because there are many different purposes. Q concerning the nature of law is raised in the context of decision-making procedure. Addresses the issue of what is to be done; i. e. inquire after nature of law in theoretical interest, without immediate practical interests. Aims at giving an insight into the nature of law which rule should be a legal rule but disconnected from the question about what is to be done. Herbert hart (1907 -1993), english philosopher, the concept of law. Modern view of what is law: rules made and enforced by the state. Hart"s conceptual answer: approaches law as a social phenomenon: primary and secondary rules. Secondary rules: organization of the legal system; rules pointing out organs and competences, rules specifying which of two rules has precedence, rules governing legal procedure.
