Law: Lex vs. Ius

Engle, Eric

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Law: Lex vs. Ius

Eric Engle

Humboldt University of Berlin - Faculty of Law

September 21, 2008

Journal of Jurisprudence, Vol. 1, pp. 31-49, 2008

Abstract:
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, K30

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Date posted: September 23, 2008

Suggested Citation

Engle, Eric Allen, Law: Lex vs. Ius (September 21, 2008). Journal of Jurisprudence, Vol. 1, pp. 31-49, 2008. Available at SSRN: http://ssrn.com/abstract=1271443

Contact Information

Eric Allen Engle (Contact Author)

Humboldt University of Berlin - Faculty of Law ( email )

Unter den Linden 6
Berlin, D-10099
Germany