Law: Lex vs. Ius
Humboldt University of Berlin - Faculty of Law
September 21, 2008
Journal of Jurisprudence, Vol. 1, pp. 31-49, 2008
Rather than seeing law as a vague norm or overly precise and possibly untenable rights this article argues for a simpler functionalist definition of law as a set of conditionals associated with imperatives. As such it hopes to bypass two fruitless parallel debates which however do not address each other: 1) the nature of norms 2) the nature of rights.
Number of Pages in PDF File: 83
Keywords: lex, ius, positive law, natural law, lex naturalis, ius naturalis, Vernunftrecht, law of reason, law as reason, God's law, Gottesrecht, logic, imperatives, norms, rights, right, law, legal, leges
JEL Classification: K10, K30Accepted Paper Series
Date posted: September 23, 2008
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