The Concept of a Legal System: An Introduction to the Theory by Joseph Raz

By Joseph Raz

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By Joseph Raz

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33-5. 3 TP, p. 10 n. 4 Kelsen's modified approach is similar to that part of the general doctrine of speech acts expounded by Strawson in "'Intention and Convention in Speech Acts'", Philosophical Review ( 1964), pp. 456-7, where he refers to the intention 'to further or affect the course of the practice in question'. -62occurrence of a certain event or the lapse of a certain period of time. These are the ordinary ways of terminating the existence of norms. e. a custom which repeals norms). By claiming that negative custom is always and of necessity a way in which laws are terminated Kelsen abandons the Austinian position that the efficacy of a law is relevant to its validity only in so far as it affects the efficacy of the legal system as a whole.

Concerning the conduct to be observed in a certain case by a certain person . . ' 1 which seems to indicate that every law is obligative. A law may also contain independent clauses of three kinds: 1. (1) Expository clauses, 2 explaining concepts which are used in the law. 2. (2) Satisfactive clauses, which are declarations of policy designed to repair damage that may be caused through disobedience to the law. 3 3. (3) Incitative clauses, that is declarations of policy--of rewards for obedience or of sanctions for disobedience to the law.

4 Limits, p. 126. , p. 121 ; OLG, p. 35. 6 Principles, P. 191 n. 7 On the concept of opportunity see von Wright, NA, p. 37. -51of acts, not of their descriptions. Hence omissions can be described in positive terms and external acts may be described in negative terms. 1 A person can at one and the same time do several separate acts, and he can do one act and forbear from doing another. 2 In his book Human Acts E. " any of the following could be appropriate replies: "Taking a siesta", "Relaxing in an armchair", "Sun bathing", "Sitting for a portrait", "Waiting for the Carfax traffic lights to change", "Being X-rayed", "Getting my hair cut", "Sitting in Whitehall in Civil Disobedience", "Hunger striking".

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