Normative and positive law

The rules may always be changed to best the current situation.

Public law, often referred to as criminal law, and private law, also referred to as

civil law is in certain aspects mirror images of one another. Public law is explained as

the relationship between individuals and the state and private law is the relationship

between individuals. Public law is concerned with things such as the protection of life,

property and the general rules of conduct that relate to society. Private law deals with

problems that relate to such things as the loaning of money, divorce, a contract, or an

accidental harming of another individual. Public law is punitive which means essentially

that the state punishes anyone breaking public law with criminal law however private law

is nonpunitive and is compensatory so it seeks more to restore what was lost or taken.

The goal of enforcing law is to protect morality, discover the truth, and ensure

ethical conduct among society so surely there should be some clear relationships between

law and justice, law and morality, and law and truth. I



Legal Naturalism & Positivism... as normative theory or the analytical positivism of rule theory, better suited to her/his purposes. The lawyer, on the other hand, is bound by positive law and ... (2681 11 )

Economic Analysis of Law... In answering these positive and normative questions, the approach employed in economic analysis of law is that used in economic analysis generally: the ... (2373 9 )

Administrative Law Chapter 1 The first chapter p... functions: doctrinal, sociological, and normative (Edley, 1990 ... adjudicatory fairness paradigm's positive attributes of ... much of administrative law is dependent ... (1820 7 )

Economist Gustav Schmoller... Friedman, M. Essays in Positive Economics. ... for Health and Environmental Regula tion." Law and Contemporary ... McGuire, MC Normative Economics, Third Edition. ... (2585 10 )

Weber's Sociology of Law... or exemplary character of an individual person, and of the normative patterns or order ... and a shared sense of "rightness" or legitimacy of positive law (ie, the ... (5964 24 )

Three Positions on Abortion... antiabortion advocates see is to "bring[] positive law in line ... critique and an appeal to higher forms of law. ... would not be an "adequate normative theory" (233 ... (1659 7 )


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