Chapter

Rule of Conduct, and the Legal Order

in The Theory of Rules

Published by University of Chicago Press

Published in print April 2011 | ISBN: 9780226487953
Published online March 2013 | e-ISBN: 9780226487977 | DOI: http://dx.doi.org/10.7208/chicago/9780226487977.003.0009
Rule of Conduct, and the Legal Order

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This chapter defines the vehicles of elasticity and the accompanying sources of stability in legal rules. It also refers to the conception of a rule of law as being in essence a rule of conduct. “Rule of conduct” was a concept too fluid and at the same time too muddy to serve as a satisfactory tool for an analysis of the technical work of rules of law. The very fact that “rule for conduct” was only one aspect of “rule of conduct.” A “rule of conduct” (as a positive rule of law) involved first a positive rule for conduct, with a sanction and a purpose. The positive legal meaning of a positive rule of law is found in the active meaning which the authoritative organs of the State-machine do give the rule in their action.

Keywords: legal rules; rule of law; rule of conduct; elasticity; stability

Chapter.  8109 words. 

Subjects: Jurisprudence and Philosophy of Law

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