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First, the "social thesis": law is essentially a human creation and therefore its content is ultimately determined by social facts, such as acts of legislation, judicial decisions, and customs. Second, the "separation thesis": law and morality are conceptually distinct phenomena and therefore a norm can belong to the law even if is unjust or ...
Discourse ethics also focuses on social agreement on moral norms but says that this agreement is based on communicative rationality. It aims to arrive at moral norms for pluralistic modern societies that encompass a diversity of viewpoints. A universal moral norm is seen as valid if all rational discourse participants do or would approve.
Social law is an unified concept of law, which replaces the classical division of public law and private law.The term has both been used to mean fields of law that fall between "core" private and public subjects, such as corporate law, competition law, labour law and social security, [1] or as a unified concept for the whole of the law based on associations.
Legal moralism is the theory of jurisprudence and the philosophy of law which holds that laws may be used to prohibit or require behavior based on society's collective judgment of whether it is moral. It is often given as an alternative to legal liberalism, which holds that laws may only be used to the extent that they promote liberty. [1]
The social contract is an agreement between members of a country to live within a shared system of laws. Specific forms of government are the result of the decisions made by these persons acting in their collective capacity. Government is instituted to make laws that protect the three natural rights.
Natural law [1] (Latin: ius naturale, lex naturalis) is a system of law based on a close observation of natural order and human nature, from which values, thought by natural law's proponents to be intrinsic to human nature, can be deduced and applied independently of positive law (the express enacted laws of a state or society). [2]
Law is an ordinance of reason because it must be reasonable [4] or based in reason and not merely in the will of the legislator. [ 5 ] [ 6 ] It is for the common good because the end or telos of law is the good of the community it binds, and not merely the good of the lawmaker or a special interest group. [ 4 ]
Hobbes’s moral philosophy is the fundamental starting point from which his political philosophy is developed. This moral philosophy outlines a general conceptual framework on human nature which is rigorously developed in The Elements of Law, De Cive and Leviathan. [5]