By Sebastian Urbina (auth.)
Reason, Democracy, Society offers with uncomplicated issues of felony concept and philosophy of legislations. the most rivalry of the ebook pertains to the insufficiencies of the felony positivistic method. a few of its claims are that we needs to sharply separate what the legislations is from, what the legislations should be, and that we will recognize what the legislation is with out beautiful to meta-legal concerns. those and different claims are criticized. the writer indicates that with the criminal positivistic procedure we won't recognize, in all circumstances, what the legislation is, if that's equated to the principles posited by means of the legislator. He additionally demanding situations H.L.A. Hart's and MacCormick's issues of view, among others, in regards to the attribute nook stones of felony positivism. another concerns relate to human rights, felony rationality and potency and ethics. This booklet may be of curiosity to philosophers occupied with legislations or ethics, these excited by justice in sleek society and to jurists and legislation students.
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Additional resources for Reason, Democracy, Society: A Study on the Basis of Legal Thinking
The most important goals of Law are rather inaccurate: organizing cooperation, solving conflicts through legal rules, social control of certain conducts, inter alia. 10. Although there is no logical relationship between certain legal theories and the role of individuals in political society, there is a pragmatic link between legal theories which see rules as commands, see sanctions as the privileged feature to recognize legal systems, and emphasize the role of officials, on the one hand, and a lower political respect for the role of individuals, on the other hand.
Yet if this is so, it must be for some reason, not only because of the survival of society. Societies may survive also using violence against part of the population. The reason must be a moral one: everyone has to be treated as an equal moral being. In my opinion, Hart's doctrine, in spite of its merits, expresses a requirement of morality higher than survival. If this is true, Hart fails to confirm that he limits himself to a "natural" requirement of survival (the minimum content) whereas natural Law theories demand something that would be unacceptable.
In that "natural world", every legal system includes these rights and has the legal and social institutions in order to perform these fundamental aims. What role does the "minimum content" of Hart play in this new situation? Certainly, we could say that people believe in another level of "minimum content" and the problem is the same. Moreover, if we emphasize the substantial aspect of the problem instead of the formal one, the view changes, as considering not the formal side of Ulpiano's "suum cuique tribuere".