1. Normas promocionais e teoria funcional do direito
- Author
-
Luiz Gustavo Campana Martins
- Subjects
History ,State (polity) ,Action (philosophy) ,media_common.quotation_subject ,Political science ,Sanctions ,Welfare state ,Set (psychology) ,Computer Science Applications ,Education ,Law and economics ,media_common - Abstract
The traditional protective and repressive conception of law can no longer explain the reality, which has undergone a radical transformation. This change came about through the transition from a pure liberal state to a welfare state called the welfare state. Bobbio clarifies that before the law was tied to the image of a state that set rules and an arbitrator, therefore also bound to a sanctioning and coercive action. The role of law in society has always been that of protecting certain interests by repressing deviant acts - from negative sanctions. However, with the new requirements of the welfare state, the law no longer only protects compliant acts, but also encourages innovative acts, based on promotional norms.
- Published
- 2020
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