Law As Primary System Of General Rules

WHETHER LAW IS PRIMARY SYSTEM OF GENERAL RULES OR THE LEGAL ORDER AS CONGLOMERATION OF CONCRETE DECISIONS BY LEGAL TRIBUNAL

  1. Law is always a general statement
  2. This is viewed as a mainstay of the ideology of liberalisme
  3. Equity was justified correction of law where it waas defective because of its generality. A silent goddess who cannot be heard.
  4. Generality principle and liberalisme:
    1. Citizens should be free from domination by governement officials, and the individual freedom maybe limited only by impersonal rules not by capricious personal directives from above.
    2. Judiciary should apply to impersonal rules.
    3. The people can predict the future consequences of their activities and is able to plan their lives.
    4. The equal treatment of person under the law >< No exception.
    5. Competitive society based on free enterprise requires rationality, certainty and calculability because the probable of private economic decisions must be foreseeable.
    6. Benefical to enterpreneurial freedom.
    7. No privileges
    8. Towards concentration of industry and decreasing importance to the notion of generality in law.
    9. The economy of concentrated power may arise a necessity for giving treatment to a large corporation.
  5. American Legal Realist, The German Free Law Movement:
    1. Judges should be at liberty to modify of the enacted law > equity and justice
    2. Gaps in the law must be filled > the general principles of fairness, ambuguities > open ended persuit of substantive justice.
    3. Campaign against logical preposition , the litigated case into the conceptual framework.
    4. Law had a past oriented and a future oriented aspect
    5. From rule thinking to decision thinking.
    6. Free scientific research.
    7. Every judicial act is an actualization of general preception security, liberty and equality.
  6. The lacks general statement:
    1. Rigidity, is not conducive to the achievement of justice.
    2. The reasons: differences of human personality, varieties of human activities, the restless inconsistency of human affair.
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