We can distinguish three forms of personification: Sensualizing personification, in which a presu... more We can distinguish three forms of personification: Sensualizing personification, in which a presumed spiritual entity is presented in a material form; animating personification, in which a material object is given a symbolic spiritual meaning and finally the moral personification, in which an empirical subject receives a moral subjective status. Legal personification resembles the moral personification in its normativity and in giving the subject a new artificial status. This personification is carried out in the form of law, however, namely in a reflective normative order. Only in this personified legal status, is the struggle of the individual for law (Jhering) in itself a legal procedure and the person rid of its subjection to mere power.
In the course of its history since the Middle Ages law has shifted from a dependent object of the... more In the course of its history since the Middle Ages law has shifted from a dependent object of the cultural memory to a forming power. By the selection and stabilization of certain values and norms and the discrimination of others it influences the general understanding of the past no less than by making the criminal offender a memory in the prosecution or on the opposite by demanding the deletion of data which could infringe the privacy of a person. This influence is not without danger for fundamental freedoms, as the French laws on the debate about its colonial past show. Accordingly, the impact of the law on the cultural memory is limited by fundamental rights such as the freedom of science and the rights of personality.
This paper argues that there is a difference between the concept of law and the validity of law. ... more This paper argues that there is a difference between the concept of law and the validity of law. Whereas the concept of law provides the criteria of what law is, its validity signifies that law belongs to a certain system of meaning (e.g., a social, moral, or legal order). Accordingly, a norm that can properly be called law may or may not have legal, social, or moral validity (first thesis: separation of concept and validity of law). The first function of validity is to distinguish a particular system of meaning from others (second thesis: separation of different forms of validity). The validity of legal norms may depend on other systems of meaning such as morals (justice, equality, etc.) or social behavior (effectiveness, enforcement, acceptance, etc.) or not (third thesis: moral or social validity is not a necessary condition for the validity of law). Only norms that are law and are legally valid are also legally binding (fourth thesis: validity of law is a necessary condition for its bindingness).
HUMANITIES AND RIGHTS | GLOBAL NETWORK JOURNAL, 2019
Human dignity is the basis of human rights. From the four dimensions of dignity - the status subj... more Human dignity is the basis of human rights. From the four dimensions of dignity - the status subjectionis, the status negativus, the status positivus and the status activus - both form and content of human rights can be justified. The form as subjective rights is necessary so that man is treated as a subject and not as a mere object (status subjectionis). In terms of content, human rights protect not only freedom from the state (status negativus), freedom through the state (status positivus), but also the freedom of the individual to participate in the establishment of public authorities (status activus). In addition: human dignity itself is a human right.
We can distinguish three forms of personification: Sensualizing personification, in which a presu... more We can distinguish three forms of personification: Sensualizing personification, in which a presumed spiritual entity is presented in a material form; animating personification, in which a material object is given a symbolic spiritual meaning and finally the moral personification, in which an empirical subject receives a moral subjective status. Legal personification resembles the moral personification in its normativity and in giving the subject a new artificial status. This personification is carried out in the form of law, however, namely in a reflective normative order. Only in this personified legal status, is the struggle of the individual for law (Jhering) in itself a legal procedure and the person rid of its subjection to mere power.
In the course of its history since the Middle Ages law has shifted from a dependent object of the... more In the course of its history since the Middle Ages law has shifted from a dependent object of the cultural memory to a forming power. By the selection and stabilization of certain values and norms and the discrimination of others it influences the general understanding of the past no less than by making the criminal offender a memory in the prosecution or on the opposite by demanding the deletion of data which could infringe the privacy of a person. This influence is not without danger for fundamental freedoms, as the French laws on the debate about its colonial past show. Accordingly, the impact of the law on the cultural memory is limited by fundamental rights such as the freedom of science and the rights of personality.
This paper argues that there is a difference between the concept of law and the validity of law. ... more This paper argues that there is a difference between the concept of law and the validity of law. Whereas the concept of law provides the criteria of what law is, its validity signifies that law belongs to a certain system of meaning (e.g., a social, moral, or legal order). Accordingly, a norm that can properly be called law may or may not have legal, social, or moral validity (first thesis: separation of concept and validity of law). The first function of validity is to distinguish a particular system of meaning from others (second thesis: separation of different forms of validity). The validity of legal norms may depend on other systems of meaning such as morals (justice, equality, etc.) or social behavior (effectiveness, enforcement, acceptance, etc.) or not (third thesis: moral or social validity is not a necessary condition for the validity of law). Only norms that are law and are legally valid are also legally binding (fourth thesis: validity of law is a necessary condition for its bindingness).
HUMANITIES AND RIGHTS | GLOBAL NETWORK JOURNAL, 2019
Human dignity is the basis of human rights. From the four dimensions of dignity - the status subj... more Human dignity is the basis of human rights. From the four dimensions of dignity - the status subjectionis, the status negativus, the status positivus and the status activus - both form and content of human rights can be justified. The form as subjective rights is necessary so that man is treated as a subject and not as a mere object (status subjectionis). In terms of content, human rights protect not only freedom from the state (status negativus), freedom through the state (status positivus), but also the freedom of the individual to participate in the establishment of public authorities (status activus). In addition: human dignity itself is a human right.
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