POLI 100 Chapter Notes - Chapter 8: Legal Positivism, Legal Formalism, New Rights
22 Feb 2016
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Ruler"s decisions written down (codified) and published to limit the use of. Law-boundedness is a major feature of the modern state arbitrary power. The state was not always the source of law; religion or clan groups have been as well. Western model was in some cases radically contrary to existing forms of governance. Governance depends on the active participation of individuals. Governance balances many layers of equal power. Western conception that law is what the state says it is. State has a monopoly on the legislative activity. Exemplified in the principle of secularism in which the state takes legislative precedence over religious authority. Almost all states have legislatures (law-making bodies) Law determines criminal behaviour, punishments for criminals, and provides impartial rules for the adjudication of disputes. Everyone is society is expected to obey the law and is considered equal before it.
