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Lecture 4. Rule of Law

Gerhard Casper

Internet Research Materials:

 

Questions for Seminar Discussions:

  • How do you know what law is?
  • What is primary rule and what is secondary rule? Provide examples.
  • Could you give examples from the Russian experience of inequality of law as understood in the lecture notes – i.e. inequality created by the different interpretations of federal law by regional judicial authorities? Can you interpret judicial inequality in a different sense as well?
  • Do you agree with the Bad Man’s Theory of Law?

 

Key terms:

Rule of Law

Primary Rule

Rule of Recognition

Sub-state Legal Systems

Natural Law

Moral Law

United States Supreme Court

Cannon Law

Max Weber

Secondary Rule

Legal Monopoly

State monopoly of Coercion

Religious Law

Bad Man's Theory of Law

Interstate Commerce

Shariah Islamic Law

 

 

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