1. The Identity of Law
... goes on in court cases. For insatance, A legal rule forbids you to take a vehicle into the public park. The word vehicle is open to interpretation. This is the pnumbera problems. The realists blame the positivist for this as they are charged with "formalism". But, Austin was all for judges to legislate. The problem is with the separation ... rule or make it available to the affected party 3. Rules should not be abused by retroactive legislation, which not only cannot itself guide action but undercuts the integrity of rules prospective in effect since it puts them under the threat of ret...
- Word Count: 7680
- Approx Pages: 31
- Grade Level: High School