Justice and Injustice in Law and Legal Theory

law and legal


A principle that insists on the facticity of legislation seems to contribute little to our understanding that legislation has necessary capabilities in making human life go well, that the rule of regulation is a prized perfect, and that the language and apply of law is highly moralized. Accordingly, positivism’s critics keep that the most important features of legislation are to not be present in its source-primarily based character, however in regulation’s capability to advance the common good, to safe human rights, or to control with integrity.

The contrast between civil legislation and customary legislation legal methods has turn into more and more blurred, with the rising importance of jurisprudence (just like case law however not binding) in civil legislation international locations, and the rising significance of statute regulation and codes in frequent regulation international locations. In common legislation jurisdictions, lawyers and judges tend to use these treatises as only “finding aids” to locate the related circumstances.

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