By Routledge
ISBN-10: 1859415180
ISBN-13: 9781859415184
Cavendish LawCards are entire, pocket-sized courses to key examinable components of the legislations for either undergraduate and PGDL classes. Their concise textual content, simple structure and compact structure make Cavendish LawCards the best revision reduction for choosing, figuring out, and committing to reminiscence the salient issues of every region of legislations.
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Extra info for Cavendish: Jurisprudence Lawcards (Law Cards)
Example text
The legal rule, that is, the actual rule created by the law making authority, and which specifies the proscription or prescription of certain JURISPRUDENCE 49 conduct is then only a secondary norm and is not itself the essence of the law. The secondary norm can be derived from the primary norm by a process of deduction. The subjective and objective meanings of actions For Kelsen, all actions have a subjective meaning and an objective meaning. An act may have no more significance than that which can be derived from its mere occurrence, for example, the act of picking up a stone and throwing it at a wall may mean only that—the simple physical act of employing one’s musculature in the physical elevation of a solid piece of matter and forcefully propelling it in a certain direction with the intention that it collide with another, larger piece of solid matter.
For Aquinas, a human law would be unjust where it: • furthers the interests of the law giver only; • exceeds the powers of the law giver; • imposes burdens unequally on the governed. Under these circumstances, then, disobedience to an unjust law becomes a duty. However, such disobedience though justified, should be avoided where its effects would be to lead to social instability, which is a greater evil than the existence of an unjust law. The secularisation of Natural Law This began with the decline of the Roman Catholic Church, following the Reformation in Europe.
A further problem which Hart identifies is the existence of areas of uncertainty as to what constitutes law and what does not. In this regard, international law and so called ‘customary law’ are cases in point, as both appear to lack some of the features which are normally associated with law, such as a legislature or a system of courts. Simplistic and singular definitions of law would then tend to exclude these categories of legal phenomena without providing an explanation as to why they should not be treated as law.