What is Law? Aims and Means

Archiv für Rechts- und Sozialphilosophie 97 (2):151-168 (2011)
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Abstract

The article aims to understand the phenomenon of law/the concept of law from a philosophical perspective. First, it is argued that law is a sort of human action. Therefore, the phenomenon of law can only be understood by analyzing the two main elements of human actions: aims and means. The aim of law is the mediation between possible contrary, conflicting concerns. The four parts of this aim are analyzed. But also morals and other social norms have a similar aim. So law has to be distinguished from morals and these other social norms by its specific means. The specific means of law are its categorical character, its externality, its formality and - if law and religion are separated like in many modern societies - its immanence.

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Dietmar von der Pfordten
Universität Göttingen

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