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Problems Resolved By Considering Law From The Perspective Of The Legal Order

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Chapter Summary

The linguistic use of the term "legal system" is relatively recent in time. It was Santi Romano, in a work of the same title, the one who popularised the expression. Constitutionalism and Codification, as movements for the drafting of systematic bodies of norms which establish Constitutions and Codes, made the need to have a statement referring to the entirety of the norms more pressing. Considering law from the viewpoint of the "system" resolves a series of problems which its study gives rise to using the most restricted perspective of the isolated legal norm and it favours the positive construction of other issues. Amongst the problems resolved are: who the norms address; norms without punishment; the relationship between validity and effectiveness; customary law; antinomies, and insufficiency of legalist positivism.

Keywords: customary law; legal system; legalist positivism



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