Example of a Court’s Refusal to Create a Common-Law Crime
The best identified arguments for the formal interpretation have been made by A.V Dicey, F.A.Hayek, Joseph Raz, and Joseph Unger. In China, members of the school of legalism during the third century BC argued for utilizing law as a software of governance, but they promoted “rule by law” versus “rule of law”, meaning that they placed the aristocrats and emperor above the legislation. In contrast, the Huang–Lao college of Daoism rejected legal positivism in favor of a pure legislation that even the ruler could be topic to. Although credit for popularizing the expression “the rule of regulation” in trendy instances is often given to A.
The practical interpretation of the term “rule of legislation”, consistent with the standard English meaning, contrasts the “rule of law” with the “rule of man”. According to the functional view, a society by which government … Read More