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13 November, 07:10

What are discussions on legal principles of law?

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  1. 13 November, 09:39
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    Answer:Most people tend unreflectively to assume that laws belong to legal

    systems. "Most educated people," writes H. L. A. Hart, "have the

    idea that the laws in England form some sort of system, and that in

    France or the United States or Soviet Russia and, indeed, in almost

    every part of the world which is thought of as a separate 'country'

    there are legal systems which are broadly similar in structure in spite

    of important differences."' This includes for most people the assumption that laws differ from non-legal rules and principles. There are,

    for example, moral rules and principles, social customs, constitutions

    and regulations of voluntary associations, and so on, which are not

    laws. Many legal philosophers have tried to justify this common assumption. Various criteria have been offered for demarcating the

    limits of law, for testing whether or not a particular standard belongs

    to a particular legal system. Various suggestions have been made concerning the importance of the distinction between what is legal and

    what is not, and the ways in which, by preserving it, we promote our

    understanding of law and society. For it has often been acknowledged

    that the distinction is not an easy one to draw in precise terms, and

    that any reasonable test would admit the presence of borderline cases.

    Despite these difficulties many theorists have thought that the distinction is worth preserving, partly because it is not difficult to apply in

    the majority of cases and partly because it seemed to them crucial for
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