Simpson writes, Hart like Kelsen doesn’t devote more than a small part of The Idea of the Regulation to the detailed application of his idea to the common law” (eighty four). The phrase “regulation” is used much less and less in science, as many legal guidelines are solely true beneath limited circumstances.
As William Blackstone describes the thesis, “This legislation of nature, being co-eval with mankind and dictated by God himself, is in fact superior in obligation to any other. All authorized norms of a given authorized system finally derive their validity from one fundamental norm.
Kelsen didn’t deny that moral discussion was still possible and even to be encouraged in the sociological area of intersubjective activity. In so doing, now we have adopted the vocabulary, as well as the epistemology and political theory, of the regulation as it is.
It is likewise an illusion to think about a ‘authorized person’, whether relating the truth is to various real people or to a single real particular person, as anything other than a fictional personification of a bundle of norms which can be rights and duties pertaining to such people.… Read More