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The Logic of Law

 Author: Frank van Dun  Date Published: 2009  File Size: 498.5 KB  Download
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‘Law’, in the sense in which I shall use the word here, denotes an order of persons.1Within this general concept, we can distinguish between natural orders and artificial orders. Natural order, that is natural law, is the order of natural persons. Artificial order, often referred to as positive law, is an order of artificial persons. In the terminology of Rousseau, natural persons are physical persons (‘personnes physiques’), while artificial persons are legal persons (‘personnes morales’).2 Artificial persons are positions, roles or functions in a system of rules, which defines a particular game, organization or society. The rules of the game or society tell us what those artificial persons are, and what they can and cannot do. Examples are White and Black in a game of chess as well as their subdivisions, King, Queen, Knights, Pawns, etcetera. Other examples are Rector, Dean, Student, Faculty member, etcetera in a university, or King, Government, Parliament, Citizen, Chief of Staffs, Registered Alien, City Council, etcetera in the statutes and other legal rules of a nation state.


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