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:
Rule of Conduct, and the Legal Order

Show Summary Details


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

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.