Introduction to Law

constitution was created by a legislative body, including the judiciary, which derived its power to change the constitution from ...

likely, follow the Constitutional Court on this issue. According to Hart, this issue would in last instance be decided by social ...

legislator (which includes the judiciary in common law countries), and in that case they belong to positive law in the narrow se ...

14.3.1 An Example In Sect.14.1we encountered the case of Riggs versus Palmer. The plaintiffs in that case, Mrs. Riggs and Mrs. P ...

New York law. This was not an obvious argument, as we will see later. However, even if the court would have adopted the obvious ...

Arguably, as soon as a court has taken a decision, there is law for hard cases. First there is law for the concrete case at hand ...

The decision made by the New York Court of Appeals was no doubt an attractive one. But why is it problematic for legal positivis ...

Reasons Arbitrary There are some who think that these two aspects of law cannot be reconciled. They emphasize the gap between fa ...

In these Middle Ages, Aquinas formulated a theory about law’s nature that has remained influential until the present day. Accord ...

society should allow human beings to flourish, and consequently human nature also determines what a good society is. The law tha ...

you should do depends on both what your goal is (to drink) and on reason, which tells you how you can reach your goal (go to the ...

beings. Given the differences between humans and their interests, a society could easily fall apart if there were not a person w ...

After World War II the German legal philosopher Radbruch argued along this line that some of the law of the national socialists ...

it is sometimes wise not to comply with the rules. But it does exclude that one always ponders whether to follow the rules or no ...

14.6 Thomas Hobbes: Normative Legal Positivism According to Thomas Aquinas, positive law constitutes an important part of law, b ...

War of Everybody Against Everybody By way of precaution, people will try to safeguard their positions by means of double-crossin ...

risky to perform as the first party, and no contract party is therefore obligated to do so. But then it makes little sense to en ...

combination with positive law. Natural law is the foundation for positive law because it recommends to form a state and to obey ...

the content of the rule does not play any role here. In this way, Hart emphasized the legal positivist view that there are no mo ...

Index A Absolutism, 71, 76, 78, 80, 117, 120, 125, 159, 166, 169, 175, 184, 185, 187, 192, 272, 282, 283 Accessority, rule of, 9 ...