1. The Identity of Law
... must meet certain criteria relating to that means, to that function if they are to warrant the title law. So, if a system of law exists to conduct human behavior, if the system's rules are so badly construed that they cannot effectively guide human behavior then you cannot give them the label of law. Eg: Nazi This means the person forming the rules is not entirely free ... when they create the law. They are constrained by external orders to factors beyond their control such as human nature, nature of society and resources available. In place of legal positivism (power, orders, obedience...
- Word Count: 7680
- Approx Pages: 31
- Grade Level: High School