Law 5110 Study Guide - Quiz Guide: Common Good, Arms Race, Positive Law
Document Summary
Facts carry an inherent normative meaning in achievement of these goals. They are given a meaning by the decision-taker. => law is on the borderline between fact and norm. Whether to emphasize the gap between or the interconnection of fact and norm is a question of worldview. Another distinction can be made: legal positivism: law is "laid down" (lat. : positus) by a competent legislator (e. g. parliament, courts in common law) and what is laid down is law: legal non-positivism: all law and positive law do not coincide. Morality is, according to legal positivism not of importance for the question "what is law? although morality can certainly influence what law is created (laid down). To summarise, the following four questions are totally separate issues: "what is law?, "what should the law be like?, "how should we behave?, "(why) should we comply with the law?" Description of law as sociological phenomenon (at least that was hart"s intention)
