Essays on System Of Rules

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Legal Positivism Under the direction of legal positivism understood in law, which advocates limited jurisprudence the task of studying the law in force with the formal dogmatic positions. The emergence of legal positivism refers to the first third of the XIX century and it was associated with the processes of approval of industrial capitalism in Western Europe. A crucial role is played by the processes of formation in the most developed countries of the national market, demanded the elimination of the vestiges of medieval particularism, expanding the scope of legal regulation of public relations and the establishment of a ...

QUESTION 1

One can begin to think clearly about these types of events without being "that guy,” and one can have a rational discussion about this. One of the characteristics of Extremistan is that it is more likely to be found in our modern society implying that it is living and not dependent on the old environment like mediocristan. Mediocristan tends to favor the weak by making sure that the total is not determined by a single instance whereas, in Extremistan a person gets the full due of what they are supposed to get. It, therefore, goes without saying that one ...

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In order to find the connection between these three terms, first we need to define them. The rule of law, as per Zun, Nollkaemper and Peerenboom (12), denotes the legal principle that accounts for the need of a nation to be governed by law. In other words, it reflects the unlimited exercise of power through subjecting it to well-defined, as well as established laws; laws entrenched in a given constitution of the nation at hand. On the other hand, legitimacy denotes lawfulness of any given thing, and lawful here means it adheres to the laws of a given country’ ...

There is an anecdote about Wittgenstein that seems to encapsulate his presence in the minds of 20th and 21st century theorists; Keynes was waiting for Wittgenstein to arrive and spoke to his companion, ‘God has arrived and on the afternoon train.’ It is hardly presumptive to say that theories of language, logic, and philosophy writ large have been forever changed by wittgenstein. However, the particularities of these changes are often confused and misrepresented. The irony then is how such confusion and misrepresentation demonstrate the work Wittgenstein was trying to accomplish in the first place: to assess how language constructs ...