Harvard Law Faculty

In the United States, this authority is the Supreme Court; in Australia, the High Court; within the UK, the Supreme Court; in Germany, the Bundesverfassungsgericht; and in France, the Cour de Cassation. For most European countries the European Court of Justice in Luxembourg can overrule nationwide law, when EU law is related.

Kelsen believed that though law is separate from morality, it is endowed with “normativity”, which means we ought to obey it. While laws are positive “is” statements (e.g. the nice for reversing on a highway is €500); law tells us what we “should” do. Thus, each authorized system can be hypothesised to have a fundamental norm instructing us to obey. Kelsen’s major opponent, Carl Schmitt, rejected each positivism and the concept of the rule of law as a outcome of he didn’t accept 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 of the political expertise. Definitions of law usually increase the question of the extent to which law incorporates morality. John Austin’s utilitarian answer was that law is “instructions, backed by risk of sanctions, from a sovereign, …

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