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The bills of exchange act 1882 in effect did little more than to put into statutory form the practices which merchants had willingly followed over many centuries.
Hart however insists that rules should be distinguished from mere habit or practice. He suggests that the defining characteristic of a rule is its enforceability. Rules are generally obeyed for one of three reasons.
1. Because they carry a sense of moral obligation this can be seen in relation to crime where most offences particularly those committed against the person, are seen as morally religious codes. The basic justification for the HOL decision in Shaw V DPP 1962 was that the judges are the ultimate guardians of our morals and have a duty to act against immoral behavior...
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