While laws are optimistic “is” statements (e.g. the nice for reversing on a freeway is €500); law tells us what we “ought to” do. Thus, every legal system may be hypothesised to have a fundamental norm instructing us to obey. Kelsen’s main opponent, Carl Schmitt, rejected each positivism and the idea of the rule of law as a end result of he did not settle for the primacy of summary normative principles over concrete political positions and decisions. Therefore, Schmitt advocated a jurisprudence of the exception , which denied that authorized norms could encompass all the political experience.
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