Thus, each legal system can be hypothesised to have a basic norm instructing us to obey. Kelsen’s major opponent, Carl Schmitt, rejected both positivism and the idea of the rule of law because he did not accept the primacy of abstract normative principles over concrete political positions and decisions. Therefore, Schmitt advocated a jurisprudence of the exception , which denied that legal norms could encompass all of the political experience. In addition to breaking barriers for women in the legal profession, Judge Sloviter fought passionately for equitable access to justice.
His second major article, The Problem of Social Cost , …
