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Kelsen’s major opponent, Carl Schmitt, rejected both positivism and the idea of the rule of law as a end result of he did not settle for the primacy of summary normative principles over concrete political positions and decisions. Therefore, Schmitt advocated a jurisprudence of the exception , which denied that authorized norms might encompass all the political expertise. Definitions of law often increase Law the question of the extent to which law incorporates morality. John Austin’s utilitarian answer was that law is “commands, backed by menace of sanctions, from a sovereign, to whom people have a habit of obedience”. Natural… Read More