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Hans Kelsen- General theory of law & state

Relation between law & justice; positive law & natural law
If there was a an objectively recognizable justice , there would be no positive
law, and hence, no State; for it would not be necessary to coerce people to be
happy.
The principles of natural law are only the expression of a certain group, they are
not universal. (example: individual property right)
It either justifies positive law by proclaiming its agreement with the
natural,reasonable or divine order, an agreement asserted but not proved ; or it
puts in question the validity of positive law proclaiming that it is in contradiction
to one of the presupposed absolutes.

What Kelsen says is that law & justice are not such similar concepts as we see
them, because justice can be only achieved when everyone is content- which is
an irrational goal, impossible to satisfy. Thus, law isnt necessarily fair, because
it cant give everyone what he or she wants, rather its scope is to sole the
conflicts of interests between people by trying to find a balance between the
sacrifices each need to achieve to make his/ her goal attainable, as well as not to
prejudice in a major way the other person.

People are not just motivated by the existence or inexistence of sanctions, but
also by their own alue of judgement of the advantages or disadvantages of a
certain behavior.

Law in comparison to other social orders

Law is a specific social means, not an end.

What are the motives of lawful behavior? Is it just the fear or threat of a
sanction?
No, sometimes for people not this is the decisive factor.

What is law? Just an order/ organization or a social technique?

Coercion /korn/ is the practice of forcing another party to act in an involuntary manner by
use of intimidation or threats or some other form of pressure or force.[1]

Law & use of force

What does the coercion that the legal norm contains consist of or what is its
effect?

Efficacy (what makes it work or achieve its scope) & validity (what makes it
acceptable by the people,what gives it a binding force) of law

A rule of law can be valid, yet can lack efficacy.

A law or rule is a command. A command is a command o f an individuals wish


the object of which is another individuals behavior. A command does not have
the nature of a request, because it is imperative.

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