Back to Search Start Over

The Necessary Predication between State and Law

Authors :
Daniel Nunes Pereira
Source :
Revista de Teorias e Filosofias do Estado, Vol 2, Iss 2, Pp 56-79 (2017)
Publication Year :
2017
Publisher :
Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI), 2017.

Abstract

This study aims to demonstrate that the central idea of "rule of law" is per se redundant since there is a necessary and reciprocal predication between terms. It is based on the "State-Law" historical and philosophically founded (Westphalia, Bodin and Hobbes), phenomenologically (Schmitt’s Political Theology) and normatively (Hans Kelsen’s Legal Positivism) based. The rationale on the Sstate leading role suggests that State power must be complete to achieve its goals, which is given by normativity. It is clear that both, State and Law, have the same substance, "Sovereignty", whose implementation coincides with the human agency of cognitive reconfiguration of Politics by religious thought.

Details

Language :
Portuguese
ISSN :
25259652
Volume :
2
Issue :
2
Database :
Directory of Open Access Journals
Journal :
Revista de Teorias e Filosofias do Estado
Publication Type :
Academic Journal
Accession number :
edsdoj.75263f654c4d47f09da091081bdb8264
Document Type :
article
Full Text :
https://doi.org/10.26668/IndexLawJournals/2525-9652/2016.v2i2.1336