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The INTEGRAL VIEW OF LAW, THE STATE, and HUMAN RIGHTS (Paperback)
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The INTEGRAL VIEW OF LAW, THE STATE, and HUMAN RIGHTS (Paperback)
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This work elaborates the rationalist thesis of integrity, which
suggests that the concepts of law, the state, and justice can
neither be divorced from, nor be assimilated into each other. This
evidently refutes the positivist thesis of separation which breaks
off the cord between law and the state, on the one hand, and the
moral standpoint of justice, on the other hand. However, the thesis
of integrity also opposes the theses of assimilation which either
assimilate law and political authority into morality (the moralist
naivety), or, reversely, reduce law and justice into brute
political force (the realist cynicism). In brief, the integral view
gives each element its due in the nexus of law, the state and the
universal moral idea of justice (i.e. human rights). In this work,
this view is elicited through a comparative critical examination of
three theories, each of which is taken as representing a particular
approach beyond legal-moralism. These are Hans Kelsen's
legal-positivism, Carl Schmitt's realism, and Otfried Hoffe's
Kantian rationalism. Eventually, the book is intended to be
beneficial to those who are interested in political and legal
philosophy.
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