Law 5110 Study Guide - Quiz Guide: Legal Certainty, Positive Law, Reprobation
Document Summary
Rules = how ppl should behave + definitions of terms + creation of competencies . Ex: art 1 international convention of the elimination of all forms of racial discrimination define discrimination. Ex: art 37 section 1 international covenant on civil and political rights: creation of a competency for the secretary general of un. Not only legal rules: moral rules + religion + etiquette (biens ance) + organizations: collective enforcement. Non legal sanctions: social reprobation by collective means: positive law. Positive law: law created by means of legislation or judicial decisions. Increasing importance of non-state rules: positive law is less and less synonym of the law that is valid here and now : legal certainty. Positive law offers legal certainty: law established in legislation and judicial decisions. Certainty about the content of the law: unnecessary to invoke an authority (judge) to settle legal dispute. Decision predictable: save money and time for both then and society.
