Law in the Books and 'Law in the Actions

• Author: Bidzina Savaneli
• Position: Visiting Professor in Law and Human Rights at the St. Grigol Peradze University
• Pages: 237-245

“Law in t

Visiting Professor in Law an

Abstract:

Normative order’s no

understanding of human and so

processes at all levels. What I w

implementation is that the capabi

of social reform has a limited uti

Keywords: competence; law;

so

Law in the books is nothing else

is an established general ru

les o

executive and judicial bodies. Suc

general normative acts. Law in th

(other part is a private normative

concrete

rules or acts, by which

individual public and/o

r privat

concerning single positive law co

law; partially, because -

individu

private persons are

“seinregels”,

positive law, but not rules of norm

organization of state’s po

wer. Ac

sources of state’s law.

Law in the books i.e. single posit

explored more broadly and deep

level of positive law “sein”

and

the framework of two parts of str

normative order “sein” and

“sol

n the

Books” and “Law in the A

ctions”

Bidzina Savaneli

and Human Rights at the St. Grigol Peradze Unive

savaneli@hotmail.com

notion does not pretend to develop some kind of a rigorous s

social processes, nor does it claim to provide the final tr

I want to argue by way of

the above brief account of gap in t

ability of law to control behavior is highly circumscribed. Law

utility if a

t all.

social reform

; obligation

“The idea of law, in spite

still to be stronger than any

lse than the single positive law. Law in the books o

s or acts, by which have been defined the compe

Such general rules or acts usually set forth in constit

the actions is nothing else than the one part

of pu

ve order). Law in the actions or public normative or

ich competent legislative, executive and judicial b

vate relations among public and/or private pe

concerning state law is partially based on the H. K

idual normative acts of public bodies and individu

s”,

but not “solenregels”, because “solenregels”

con

ormative order.

Hierarchy of state’s bodies reflects g

Accordingly, hierarchy of state’s bodies is a reflec

sitive law (public law and private law) is tradition

eper than law in the

actions -

normative acts of p

nd

“solen”

are not contradicted each other, they c

structure of each legal rule: hypothesis and disposi

solen”

are not contradicted each other, they coexis

Legal Sciences

237

s”

iversity,

Georgia,

s science of perfect

truth of n ormative

n the laws and their

aw as an instrument

ite of everything, seems

ny ideology of power.”

Hans Kelsen

s or single positive law

petence of legislative,

stitutions or other basic

public normative order

order is an established

l bodies are regulating

persons.

My position

Kelen’s pure theory of

idual

normative acts of

connected with rules of

ts general legal rules of

flection of hierarchy of

onally investigated and

f public bodies.

On the

coexisted

logically in

osition. On the level of

xist

empirically in the