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
“Law in t
Visiting Professor in Law an
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;
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
rules or acts, by which
individual public and/o
concerning single positive law co
law; partially, because -
private persons are
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”
the framework of two parts of str
normative order “sein and
n the
Books” and “Law in the A
Bidzina Savaneli
and Human Rights at the St. Grigol Peradze Unive
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
but not “solenregels”, because “solenregels”
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
are not contradicted each other, they c
structure of each legal rule: hypothesis and disposi
are not contradicted each other, they coexis
Legal Sciences
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
My position
Kelen’s pure theory of
normative acts of
connected with rules of
ts general legal rules of
flection of hierarchy of
onally investigated and
f public bodies.
On the
logically in
osition. On the level of
empirically in the

To continue reading