Title: Construction of Legal Principle,Discretion and Concept of Good Law
Abstract:The game between jurisprudence of positivism and school of new natural law indicates that the former holds that law is exclusively composed of legal rules,while the latter adds legal principles and po...The game between jurisprudence of positivism and school of new natural law indicates that the former holds that law is exclusively composed of legal rules,while the latter adds legal principles and political ethics therein.The positivism argues for the unity of dual legal rules,confirming the discretion from the perspective of judge-made law.While the school of new natural law represented by Dworkin argues that besides legal rules,constitutes of law include principles and political ethics,and discretion by judges should be within the limit of legal rules,or else resulting in arbitrariness and injustice.Such controversy aim to argue that which law can accomplish to the maximum people's pursuit of fairness,justice and order,in other words,which is an effective system of law to eliminate ruling by persons and realize the ruling of good law.Read More
Publication Year: 2010
Publication Date: 2010-01-01
Language: en
Type: article
Access and Citation
AI Researcher Chatbot
Get quick answers to your questions about the article from our AI researcher chatbot