Law: From Concept to Reality

Bol

This book addresses the gap in legal scholarship regarding the concept of law. It critiques traditional views that equated law with government mandates, exploring the impact of value shifts on human rights and the necessity of redefining law to ensure it aligns with constitutional principles. No part of the field of jurisprudence today is more lacking in legal scholarship than the concept of law, although it is eminently relevant. First, the statist concept of law that prevailed for a long time considered any government imperative as a law and transformed it into a rule of mandatory behavior. Voluntary orders of political power, rather than theoretical reasoning, determined what law was and what law a political regime needed. Questions about the essence of law were ‘excluded’ from the scope of jurisprudence. Second, the transition to another value system reveals the inadequacy of the proper definitions of law. Therefore, it is necessary to rethink how value reorientations affect today’s security of human rights, in harmony with the prevailing concept of law. And third, under the influence of the concept of statutory law, any law was considered law. Today, the danger of such an approach is understood. The law is being assessed as to whether it complies with the Constitution and the principles of law. Only by understanding what law is can we determine what laws must be in place to consider them part of the legal system.

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Pagina's: 218, Editie: Eerste editie, Paperback, Ibidem-Verlag