Even if law has inner standards of advantage—virtues uniquely its personal that inhere in its law-like character—these can’t preclude or displace its assessment on impartial criteria of justice. A fugue may be at its finest when it has all the virtues of fugacity; however regulation isn’t best when it excels in legality; legislation should even be just. A society might therefore endure not solely from too little of the rule of law, but in addition from an excessive amount of of it. This doesn’t presuppose that justice is the one, or even the first, virtue of a legal system.
English Common Law
As famous earlier on this chapter, the English common-legislation tradition positioned nice emphasis on precedent and what is known as stare decisis. A court docket contemplating one case would feel obliged to resolve that case in a way just like beforehand decided cases. Written decisions of crucial circumstances had been unfold all through England (the common “realm”), and judges hoped to determine a somewhat predictable, constant group of choices. Positive law is stuffed with circumstances, treaties, statutes, regulations, and constitutional provisions that can be made right into a reason for action. Statutes usually have precedence, or take precedence, … Read MoreContinue Reading