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Two Opposing Conceptions

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Part of the Law and Philosophy Library book series (LAPS, volume 90)

Abstract

In the first chapter a discussion is started about the relationship between law and power, seen as a presupposition for an assessment of the nature of law. As a matter of fact, as has been remarked, general theories of law struggle to do justice to the multiple dualities of the law. Indeed, law has a “dual nature”: it is a fact, but it also a norm, a sort of ideal entity. Law is sanction, but it is also discourse. It is effectivitity, or facticity, but it is also a vehicle of principles among which the central one is justice. But this duality is not only a phenomenological, or a matter of justification and implementation as two separate moments. It is an ontological quality too, and it is there from the beginning, from the moment where law “springs” as a distinct experience and practice. Here we are then confronted with the question of power.

Keywords

Political Power Legal Order Legal Norm Legal Doctrine Proper Sense 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

Copyright information

© Springer Science+Business Media B.V. 2010

Authors and Affiliations

  1. 1.Università degli Studi “Magna Graecia” di CatanzaroCatanzaroItaly
  2. 2.The University of HullHullUK

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