Law 5110 Study Guide - Quiz Guide: Legal Certainty
Document Summary
Rationalist perspective: - law relies on reason (what is the best to do) natural law: - non- positivism. Law developed by reason legal positivism: - legal certainty must exist for 2 reasons: 1. people must be able to find out what law expects from them (legislation, case- law) 2. legal rules should be enforced state power is used to enforce law. Wrote a bool the concept of law . The existence of law is one thing, its merit or demerit an other . There is a distinction between habits and social rules habits: - don"t involve duties to do what one is in habit of doing social rules: - oblige the persons subjected to them. Violations of these are seen as violations of duties (considered justified) customary law: - consists of duty- imposing social rules, not merely habits. Fast changes are undesirable and difficult to follow: inefficiency of social pressure: - social pressure is not enough for enforcement of rules.
