While laws are positive “is” statements (e.g. the nice for reversing on a freeway is €500); law tells us what we “ought to” do. Thus, each authorized system can be hypothesised to have a basic norm instructing us to obey. Kelsen’s main opponent, Carl Schmitt, rejected both positivism and the concept of the rule of law as a result of he did not settle for the primacy of abstract normative principles over concrete political positions and selections. Therefore, Schmitt advocated a jurisprudence of the exception , which denied that legal Law norms may encompass all the political experience. With many …
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Last week an editorial in the New York Law Journal urged a youthful revolt against the town, twanged an idyll of lawing in the country. November 17, 2022 • Borrowers who say they were misled by their faculties have waited years for the federal authorities to evaluate their claims. Wednesday’s decision was an enormous win for them, however it’s already been appealed.
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