It may be seen throughout social theory, notably within the works of Marx, Weber, and Durkheim, and likewise amongst many attorneys, including the American “authorized realists” and most modern feminist students. Although they disagree on many different factors, these writers all acknowledge that law is actually a matter of social reality. Some of them are, it’s true, uncomfortable with the label “legal positivism” and therefore hope to escape it. Lawyers typically use “positivist” abusively, to condemn a formalistic doctrine based on which law is always clear and, nonetheless pointless or incorrect, is to be rigorously applied by officials and obeyed by topics. It is doubtful that anybody ever held this view, however it’s in any case false and has nothing to do with legal positivism.
These requirements heart on the precept that the legislation be general, that it take the shape ofrules. Law by definition should be directed to more than a specific scenario or particular person; as Lon Fuller notes, the rule of regulation also requires that regulation be relatively certain, clearly expressed, open, potential and adequately publicised.
If regulation is a system of enforceable guidelines governing social relations and legislated by a political system, it may appear apparent that legislation is connected to ideology. Ideology refers, in a general sense, to a system of political concepts, and regulation and politics seem inextricably intertwined. Just as ideologies are dotted across the political spectrum, so too are legal techniques.
Other Legal Issues
Its most important roots lie within the political … Read More
