The Concept of Law from a Legal Point of View

Christian Starck

European Review, 2014, vol. 22, issue S1, S180-S185

Abstract: Beginning with a quotation of Karl Popper about the difference between natural (physical) and normative law, the normative notion of law is explained as a product of cultural development. In the field of normative law there exists a distinction between laws made by human authorities in a formal procedure and natural law perceived by human reason, often entering into common law and statutory law (e.g. human rights). Law corresponds with reality in the sense that relevant aspects of reality are transcribed by abstract notions and combined with legal consequences. There exists a hierarchy of laws, a pre-eminent position of the legislative over other state functions and the supremacy of the constitution

Date: 2014
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