Cincinnati Law University Of Cincinnati University Of Cincinnati School Of Law College Of Cincinnati
In 1934, the Austrian thinker Hans Kelsen continued the positivist tradition in his guide the Pure Theory of Law. Kelsen believed that although law is separate from morality, it is endowed with “normativity”, which means we must obey it. While laws are positive “is” statements (e.g. the fine for reversing on a freeway is €500); law tells us what we “ought to” do. Thus, every legal system may be hypothesised to have a primary norm instructing us to obey. Kelsen’s main opponent, Carl Schmitt, rejected both positivism and the concept of the rule of law because he did not settle for the primacy of abstract normative principles over concrete political positions and choices. Therefore, Schmitt advocated a jurisprudence of the exception , which denied that legal norms might encompass all the political experience.
Conflict of legal guidelines, or private international law in civil law international locations, issues which jurisdiction a …