In 1934, the Austrian philosopher Hans Kelsen continued the positivist tradition in his e-book the Pure Theory of Law. Kelsen believed that although law is separate from morality, it’s endowed with “normativity”, meaning we ought to obey it.
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The term “civil law”, referring to the civilian authorized system originating in continental Europe, should not be confused with “civil law” within the sense of the frequent law matters distinct from legal legislation and public law. Legal systems vary between nations, with their differences analysed in comparative regulation. In civil regulation jurisdictions, a legislature or other central body codifies and consolidates the legislation.
As the Erie Court put it, there isn’t a “general federal widespread legislation”, … Read More