JLC-110 FA2 Study Guide - Final Guide: Strafgesetzbuch, Fide
9 Dec 2016
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Document Summary
Austin"s model failed to reproduce some of the salient features of a legal system. Laws apply to those who make them as well as to others. Some laws confer public and private powers that cannot be said to be backed by threats. Some laws don"t arise from explicit prescription from a sovereign (ex. Scotus interprets laws and creates precedent but don"t have the power to make laws) A legal system is a union of primary and secondary rules. Primary rules require people to do or abstain from certain actions whether they wish to or not. Secondary rules confer powers, either public or private. A society with only primary rules would be uncertain, static, and inefficient. Uncertain: no settled way of identifying primary rules. Static: no provision for changing the rules. Inefficient: no procedure for adjudicating cases which arise under primary rules. Secondary rules are broken up into rules of recognition, rules of change, and rules of adjudication.
