‘Legal Theory Lexicon: Primary and Secondary Rules’

“Most law students begin to notice that there is a fundamental difference between the kinds of legal rules that come up in torts and criminal law, on the one hand, and the sorts of legal rules that arise in contracts and in the structural part of constitutional law, on the other. The rules of criminal law seem to define standards of conduct; they are about what you can and cannot do, or more precisely, rules that forbid certain conduct and then attach punishments for disobedience. The rules of contract law are different …” (more)

[Lawrence Solum, Legal Theory Blog, 29 December]

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