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Social rule system theory is an attempt to formally approach different kinds of social rule systems in a unified manner. Social rules systems include institutions such as norms, laws, regulations, taboos, customs, and a variety of related concepts and are important in the social sciences and humanities.
The binding nature of social facts is often implicit, because the rules of society are internalized by individuals in the process of education and socialization. [ 13 ] Durkheim distinguished two types of social facts: normal social facts – which, within a society, occur regularly and most often – and pathological social facts – which are ...
However, both California and federal courts have repeatedly identified Rutter treatises as "well-respected" interpretations of the law, [10] which may be cited as "redoubtable" authority. [11] The California Court of Appeal has treated the existence of conflicting Rutter Group authority as strong evidence that a legal question was unsettled and ...
Raz suggests that any categorisation of rules beyond their role as authority is better left to sociology than to jurisprudence. [52] Some philosophers used to contend that positivism was the theory that held that there was "no necessary connection" between law and morality; but influential contemporary positivists—including Joseph Raz, John ...
A legal norm is a binding rule or principle, or norm, that organisations of sovereign power promulgate and enforce in order to regulate social relations.Legal norms determine the rights and duties of individuals who are the subjects of legal relations within the governing jurisdiction at a given point in time.
A treatise is a formal and systematic written discourse on some subject concerned with investigating or exposing the principles of the subject and its conclusions. [1] A monograph is a treatise on a specialized topic.
In moral and political philosophy, the social contract is an idea, theory, or model that usually, although not always, concerns the legitimacy of the authority of the state over the individual. [1] Conceptualized in the Age of Enlightenment , it is a core concept of constitutionalism , while not necessarily convened and written down in a ...
The term authority identifies the political legitimacy, which grants and justifies rulers' right to exercise the power of government; and the term power identifies the ability to accomplish an authorized goal, either by compliance or by obedience; hence, authority is the power to make decisions and the legitimacy to make such legal decisions ...