Crime, Justice And The Law
In 1934, the Austrian thinker Hans Kelsen continued the positivist tradition in his book the Pure Theory of Law. Kelsen believed that although law is separate from morality, it is endowed with “normativity”, that means we ought to obey it. While laws are optimistic “is” statements (e.g. the fantastic for reversing on a freeway is €500); law tells us what we “should” do. Thus, each authorized system may be hypothesised to have a fundamental norm instructing us to obey. Kelsen’s main opponent, Carl Schmitt, rejected each positivism and the idea of the rule of law as a end result of he didn’t accept the primacy of abstract normative principles over concrete political positions and decisions. Therefore, Schmitt advocated a jurisprudence of the exception , which denied that authorized norms may encompass all the political expertise.
- Sharia law primarily based on Islamic rules is used as the first authorized system in