Thus, each authorized system could be hypothesised to have a basic norm (Grundnorm) instructing us to obey. Kelsen’s main opponent, Carl Schmitt, rejected each positivism and the concept of the rule of regulation as a result of he didn’t accept the primacy of summary normative rules over concrete political positions and decisions. Therefore, Schmitt advocated a jurisprudence of the exception (state of emergency), which denied that authorized norms may encompass all of the political expertise. Hugo Grotius, the founder of a purely rationalistic system of pure legislation, argued that regulation arises from both a social impulse—as Aristotle had indicated—and cause.

The minor in Law and Legal Studies provides an interdisciplinary, liberal arts strategy to the research of legislation. This is a tutorial program, not a professional coaching program, emphasizing the social, cultural and philosophical foundations and impacts of regulation and legal techniques. It is designed for Pre-Law students and for … Read More