Texas Law

While laws are optimistic “is” statements (e.g. the fine for reversing on a highway is €500); law tells us what we “ought to” do. Thus, every legal system could be hypothesised to have a basic norm instructing us to obey. Kelsen’s major opponent, Carl Schmitt, rejected both positivism and the thought of the rule of law as a result of he didn’t accept the primacy of summary normative rules over concrete political positions and selections. Therefore, Schmitt advocated a jurisprudence of the exception , which denied that authorized norms could embody the entire political expertise. This one-hour course …