Whereas legal guidelines are constructive “is” statements (e.g. the nice for reversing on a freeway is €500); regulation tells us what we “ought to” do. Thus, every authorized system could be hypothesised to have a fundamental norm instructing us to obey. Kelsen’s main opponent, Carl Schmitt, rejected each positivism and the concept of the rule of regulation as a result of he didn’t settle for the primacy of summary normative ideas over concrete political positions and choices.
- The regulation shapes politics, economics, historical past and society in numerous methods and serves as a mediator of relations between folks.
- As pandemic-related