Economics Dictionary of ArgumentsHome
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| Law: Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior. Law helps to maintain and protect people's rights. See also Rights, Society, State, Jurisdiction._____________Annotation: The above characterizations of concepts are neither definitions nor exhausting presentations of problems related to them. Instead, they are intended to give a short introduction to the contributions below. – Lexicon of Arguments. | |||
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Thomas Hobbes on Law - Dictionary of Arguments
Habermas IV 122 Law/Hobbes/Habermas: Question: How can a contract bind the parties if the sacred basis of the law has been removed? Solution/Hobbes/Weber/Habermas: the standard answer since Hobbes and up to Max Weber is that modern law is compulsory law. The internalization of moral corresponds to a complementary transformation of the law into an externally imposed, state-authorized power based on the state sanction apparatus. The quasi automatic enforceability of the fulfilment of legal claims Habermas IV 123 is to guarantee obedience. >Coercion, >Obedience. DurkheimVsHobbes/DurkheimVsWeber/Habermas: Durkheim is not satisfied with that. Obedience must also have a moral core. The legal system is in fact part of a political order with which it would fall if it could not claim legitimacy. >Order, >Legitimacy. - - - Höffe I 222 Validity/Law/Laws/Hobbes/Höffe: Because of the authorization, the Höffe I 223 authority to make decisions does not stem from " his own grace". Because of the social contract, in Hobbes' case it is also not "by the grace of God", but ultimately "by virtue of the consent of all those affected", all those with legal rights. Thus, a second level of authority, legitimacy, is added to the moment of legality. In any case, the succinct formula "validity by virtue of authority" reads fully developed: "validity by virtue of a power authorised by each person concerned", or in shorter form: "validity by virtue of freely recognised authority" or "validity by consensus". >Legal Positivism/Hobbes. In the case of theories of validity, two basic forms are often opposed to each other, the theories of power and the theories of consent or recognition. Although Hobbes is usually assigned to the power theorists because of his "validity by virtue of authority", in reality he is to be assigned to both groups of theories because of the basic recognition of the persons concerned. And because the authority is authorized over the basic recognition, his theory of law belongs additionally to a third theory group, the empowerment theories._____________Explanation of symbols: Roman numerals indicate the source, arabic numerals indicate the page number. The corresponding books are indicated on the right hand side. ((s)…): Comment by the sender of the contribution. Translations: Dictionary of Arguments The note [Concept/Author], [Author1]Vs[Author2] or [Author]Vs[term] resp. "problem:"/"solution:", "old:"/"new:" and "thesis:" is an addition from the Dictionary of Arguments. If a German edition is specified, the page numbers refer to this edition. |
Hobbes I Thomas Hobbes Leviathan: With selected variants from the Latin edition of 1668 Cambridge 1994 Ha I J. Habermas Der philosophische Diskurs der Moderne Frankfurt 1988 Ha III Jürgen Habermas Theorie des kommunikativen Handelns Bd. I Frankfurt/M. 1981 Ha IV Jürgen Habermas Theorie des kommunikativen Handelns Bd. II Frankfurt/M. 1981 Höffe I Otfried Höffe Geschichte des politischen Denkens München 2016 |
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