Throughout this article, it is contended that a theory of law must include both principles and rules if the theory is to describe accurately the legal process in its day-to-day workings. This position is admittedly antithetical to most legal philosophers who see rules and principles as mutually exclusive and unincorporable. Violation of the usual position is necessitated since a model of law should transcend philosophy and become a useful tool for all lawyers, judges, and legislators in guiding their day-to-day legal decisions.
II. Hart’s Model of Rules
III. Analysis of Open-Texturism
IV. Principles and Judicial Decision-Making
Bruce Dennis Sales,
Fitting Principles within a Positivistic Model of Law,
53 Neb. L. Rev. 58
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