Definition of Philosophy of Law
Miscellanea / / July 04, 2021
By Maite Nicuesa, in Jan. 2015
The philosophy it was considered the first wisdom for many centuries. And as such, philosophy was a speculative science that branched out into different fields that interpreted a specific object of study. For example, logic takes the analysis of language as its object of study. Aesthetics analyzes the value of beauty through art. Ethics reflects on human values as the basis of the conduct, values that are a pillar to differentiate between what is correct and what is incorrect.
Importance of the Philosophy of Law
Well, the philosophy of right which is the object of analysis of this article reflects on the rectitude of justice. Philosophy as a theoretical reflection comes into contact with law through this matter to delve into the Theoretical bases of the science of justice based on the fact that the law is the foundation of social welfare. Philosophy reflects on the bases of law and also on the purpose.
To reflect on limits and contradictions in ethics and justice
But in addition, philosophy is also a fantastic reflection tool to deliberate on the limits of law. For example, the app of a rule general to cover many particular cases, raises its limitations.
And also, to reflect on the connection between ethics and justice. From this point of view, contradictions can occur. For example, it may happen that a fact is legal and yet it is unethical. The law reflects on the concept of justice. And justice is also a fundamental criterion in the correct action. Every action refers to a person. Therefore, philosophy as the basis of ethics is a good theoretical framework for him establishment of the right.
The scenario posed by Human Rights
For example, human rights they must respect the law natural, that which is inherent to the human being by the simple fact of being a person. From this point of view, there are experts who point out that there is a natural right and that there are acts that go against natural law and the principle of human well-being. From this point of view, what goes against the dignity of the human being, breaks with natural law.
Therefore, the legal right established by men is previously based on that natural right that pursues the happiness of the human being.
Topics in Philosophy of Law