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These cookies do not store any personal information. This website uses cookies to improve your experience. Questions like is international law really law, and whether an unjust law is really a law can only be solved by reference to the definition of law.
The fact is that law itself is not a legal concept any more than geometry is a geometrical concept. The concept of law is not one that figures in legal arguments or gives rise to questions of practical significance: no legal judgment ever hinges on the definition of Law.
Conclusions of Law do not depend on the definition of Law. But if Law is not a legal concept, it nevertheless is the basic concept of jurisprudence, and its analysis is relevant to that of all other legal concepts. But a desire to define Law also springs from a desire for generalisation. The problems with defining Law is because this notion itself is surrounded with philosophical perplexities. In the first place, the traditional method of defining Law is inadequate for the purpose.
The traditional method is to define something by specifying the class to which it belongs and describing the features which distinguish it from other members of this class. This cannot apply to Law. We could define Law as a species of rule and set out what distinguishes legal rules from non-legal rules. However, the problem lies in explaining what exactly rules are.
The fact that the concept of Law has no practical application precludes the need for putting forward a definition which lays down clear boundaries between what shall and what shall not count as Law. The question remains that what is Law in the ordinary sense of the rule. A short simple definition would not provide an adequate analysis of a rule, an examination of the difference between legally obligatory conduct and conduct coerced by force, or an investigation into Law and morality.
Therefore we need an analysis into to unravel the confusions surrounding the concept of Law, to highlight the salient features of a legal system and to furnish us with an insight into the nature and operation of Law. Shubhashree Sen marked it as to-read Feb 05, On rare occasions, however, and with the consent of the Law Officers, such opinions may be made public.
Or should it be salus populi suprema lex — the safety of the people is the supreme law? That the apparent authorisation for expenditure for core government activity in the Cook Islands provided by Article 70 3 a of the Constitution will come to an end with the exhaustion of an amount equal to three-twelfths of the sum appropriated in the preceding financial year together with the unexpended balance from the preceding year.
Fari Malik rated it it was ok Aug 20, It is not in my view desirable that an official such as the Financial Secretary be left to take a necessity-based decision in contravention of the Constitution. I have not before proposed it in 25 years of advising in the Cook Islands and other jurisdictions in the South Pacific.
Furthermore, when the present circumstances are placed alongside the test laid down by President Haynes in Mitchell as set out at paragraph 4.
Retrieved 12 April These special features mean that necessity will only rarely be available to excuse non-performance of an obligation and that it is subject to strict limitations to safeguard against possible abuse. I have been asked to provide an opinion for the assistance of the Financial Secretary to the Cook Islands Government and for the Ministers to whom he is responsible.
First ed. S A35 The Physical Object Pagination xxiii, p. Number of pages Community Reviews 0 Feedback? Lists containing this Book. Loading Related Books. October 4, May 18, Edited by CoverBot.
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