Postmodern Law - What is Law, anyway? Randall Niles explores the foundation of law, definition of law, natural law, positive law, self law, social justice, and critical legal studies.
What is Law at its core? Why has a notion of Postmodern Law taken over the thinking of today's western culture?
For more on Postmodern Law and the foundation of jurisprudence -- the theory of law -- please visit http://www.allaboutworldview.org/postmodern-law.htm
Kelsen: Law is a coecive technique of social control
HArt: a system of rules authorized by a Rule of Recognition
Dworkin: law is an interpretive attitude towards adjudication
MArx: law is an aspect of the superstructure reflecting the economic base
Finnis/Fuller/Aquinis: law is rooted in morality
Crits/LEgal realists: simply deny law exists
chefshitpiece 10 months ago
A "law" is a written statement that describes a behavior prohibited by a certain body of people (the state) with the implicit threat of violence against those that engage in that behavior. ("sanctions" and "legal consequences" are just euphemisms for force, violence, and coercion).
To determine any universal moral or ethical principles, we would first need a proper definition of morality and ethics and some way to empirically test how a behavior relates to that principle.
somecomputergeek 1 year ago
awesomeness
RMBVP 1 year ago