Kelsen’s major opponent, Carl Schmitt, rejected both positivism and the idea of the rule of law because he did not accept the primacy of abstract normative principles over concrete political positions and decisions. Therefore, Schmitt advocated a jurisprudence of the exception , which denied that legal norms could encompass all of the political experience. Law provides a source of scholarly inquiry into legal history, philosophy, economic analysis and sociology.
- You can also review helpful secondary sources under Context and Analysis for additional understanding and discussion.
- In most countries judges may only interpret the constitution and all other laws.
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