Chapter

On the Existence of Legal Systems

Joseph Raz

in The Concept of a Legal System

Second edition

Published in print July 1980 | ISBN: 9780198253631
Published online March 2012 | e-ISBN: 9780191681417 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198253631.003.0010
On the Existence of Legal Systems

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This chapter presents some observations concerning the criteria for existence of a legal system. Though obedience to all D-laws may be relevant to the existence of the legal system one must: (1) avoid oversimplified computation; (2) attribute different weight to different offences; (3) take into account legally irrelevant circumstances and intentions; (4) take into account knowledge of the law and its influence on people's behaviour; (5) take into account the use of powers as well as the obedience to duties; and (6) attach greater importance to important constitutional laws.

Keywords: legal system; legal theory; constitutional laws; D-laws

Chapter.  2365 words. 

Subjects: Jurisprudence and Philosophy of Law

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