Jiří Zlatuška

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Sitemap ~ Authorities Jobs

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Introduction to Law and Legal Systems

law and legal

Hart understands his concept of law to be each descriptive and common within the sense that it offers an account of basic options widespread to all authorized systems-which presupposes a viewpoint that is external to all legal techniques. Ronald Dworkin rejects positivism’s Social Fact Thesis on the bottom that there are some legal standards the authority of which can’t be defined in terms of social information. In deciding exhausting circumstances, for example, judges often invoke ethical ideas that Dworkin believes do not derive their legal authority from the social criteria of legality contained in a rule of recognition (Dworkin 1977, p. forty). Nevertheless, since judges are certain to think about such ideas when related, they have to be characterised as regulation. Thus, Dworkin concludes, “if we treat rules as legislation we must reject the positivists’ first tenet, that the law of a group is distinguished from other social requirements by some test within the type of a grasp rule” (Dworkin 1977, p. 44).

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