RULE OF LAW OR RULE OF JUDGE | ||
| مطالعات حقوق خصوصی | ||
| Article 18, Volume 41, Issue 3, October 2012, Pages 315-333 PDF (280.04 K) | ||
| Author | ||
| Davoud Nassiran Njaf Abadi | ||
| Abstract | ||
| As a result of rule of law ideal, judges are required to act in accordance with laws. The ideal is justified by some political values: political liberty, legal liberty , personal liberty and equality. Citizens are subject only to the law not to the arbitrary will or judgment of another who wields coercive government power. But in some cases law is indeterminate. In these cases there is an important question: how can the law command when the law books are silent or unclear or ambiguous? There are three theory in jurisprudence: legal positivism, legal pragmatism and legal interpretivism. I reject positivism and pragmatism and urge interpretivism. I believe that it provides a better account of our law. | ||
| Keywords | ||
| Conventionalism; Indeterminacy of law; Integrity.; interpretivism; legal positivism; Political values; Pragmatism | ||
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