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Table Of Contents

ACkNOwLEdgEmENTS
INTrOduCTION
Does Law exist? Let’s demonstrate it
1.5 The Law and order
1.8 Life and Law
1.9 Knowledge and Law
1.10 If we know. How do we know?
1.13 Is juridical knowledge speculative or practical?
1.14 Knowledge as a fundamental element of Law
1.15 Could the Law not seek the truth?
1.16 Reality as an essential element of Law
1.17 Can Law exist and not exist at the same time?
1.18 What does Law have to do with reality?
1.19 Does the false right exist?
1.20 Is juridical reality knowable? Can we really approach it?
2.1.2 Without causes there isn’t science
2.1.3 The Law, knowledge or action
2.1.4 The necessary knowledge and the science of Law
2.1.5 Going to the basic causes
2.2 Towards the science of Law
2.2.1 How do we define science of Law?
2.2.2 The principles of Law:
2.2.5 Principles as habits
2.2.7 Principle of identity (what it is, is)
2.2.12 Substantial reality (reality is a substance)
2.2.16 Of finality (any agent acts by a goal)
2.2.17 of truth (all entity is knowable)
2.3 Group of knowledge
2.3.1 To the Law by its causes?
2.3.2 The Law and its metaphysical place as entity
2.3.3 The systematisation of the juridical knowledge
2.4 Walking among laws
2.4.1 Eternal Law
2.4.2 Divine Law
2.4.3 Natural law, definitions:
2.4.4 Human or Juridical Law
2.4.6 Can we consider law as a relationship?
2.5 Justice
2.5.1 Is there perfect Justice?
2.5.2 Perfect justice
2.5.3 Imperfect justice
2.5.5 How do we separate justice from Law?
2.5.6 The relationship of justice with truth
2.5.7 Justice and the facultative Law
2.6 Law in strict sense; as power or ability
2.6.1 Why is the Law in strict sense a faculty?
2.6.2 Why does the Law as faculty require a holder?
2.7 The common good
2.8 Let’s demonstrate the Law
2.9 Conclusions of the chapter
3.1 Those who know and those who don’t know the Law
3.2 Does knowledge exist? Can we know it?
3.3 First knowing then being, why is that so?
3.4 The history of how we know
3.5 Aristotelian-Thomistic
3.6 Relativism or systematic scepticism:
3.6.1 Psychologism:
3.6.2 Historicism:
3.6.3 Sentimentalism:
3.6.4 Intuitionism:
3.6.5 Voluntarism
3.6.6 Modern existentialism:
3.7 Of relativism or methodical scepticism
3.7.1 Fideism
3.7.2 Traditionalism
3.7.3 Scottish Intuitionism:
3.7.4 Sentimentalism:
3.7.5 Philosophy of action
3.7.6 Moral Dogmatism
3.8 Modern epistemological currents
3.8.1 Deflationism (Alfred Tarski)
3.8.2 Functionalism
3.8.3 Theory of the identity of truth
3.9.1 Positivism:
3.9.2 John Austin
3.9.3 Hebert Lionel Adolphus Hart
3.9.4 Ronald Dworkin
3.9.5 Can we base a juridical theory on the positivism?
3.11 Critical Legal Studies
3.12 Legal realism
3.13 Economist theory of Law:
3.14 Law and literature:
3.15 The Critical Race Theory
3.15.1 Can we base the essence of this doctrine on race?
3.16 Feminist theory of Law:
3.17 Analytical Theory of Law
3.17.1 Can we base a theory of Law on language?
3.18 The theory of the systems of Luhmann and Law
13.19 Conclusions of chapter 3:
4.1 Law, Theory or science?
4.2 Theories of Law without science
4.2.1 Brian H. Bix
4.2.2 Robert Alexy
4.2.3 Ricardo Guastini
4.2.4 Hans Kelsen
4.2.5 Julie Dickson
4.4.1 First rule of veracity: of being or identity
4.4.2 Second rule of veracity: Principle of ordering
rEfErENCES
P. 1
Towards the True Law: 2nd Edition

Towards the True Law: 2nd Edition

Ratings: (0)|Views: 38|Likes:
Published by Palibrio
Does the Law exist? And if so, what is it? Can we know it?
This book tries to answer these questions by approaching as a whole the problem of Law, its justification and demonstration.
Because when facing multiple legal theories, many of which are contradictory, we have to ask ourselves what the true Law is, if it exists indeed, its origin, meaning and perspective.
We are in pursuit of something more: the Law and its truth.
This fundamental question must be scientifically solved, and in such an in-depth approach that only philosophy, traditionally understood as “knowledge by its first and principle causes, obtained under the natural light of reason,” can give us the answer.
The current thesis takes up the problem of knowledge and its theories of being and truth, to later contrast them with various juridical currents. Two different paths, processes and objects to reach the same conclusion. The result wasn’t easy, but we believe we contributed with a juridical theory with seven rules of truthfulness, that from our humble point of view, solves the conflict over Law, its essence and properties.
What is Right? What is Law? Does a juridical science exist? Does a true theory of Law exist or does each one of us have their own truth? These were the central questions we tried to answer in the current thesis; to demonstrate through reason the considerations raised here and to somehow contribute in a positive way to the growing relativism of this subject.
Does the Law exist? And if so, what is it? Can we know it?
This book tries to answer these questions by approaching as a whole the problem of Law, its justification and demonstration.
Because when facing multiple legal theories, many of which are contradictory, we have to ask ourselves what the true Law is, if it exists indeed, its origin, meaning and perspective.
We are in pursuit of something more: the Law and its truth.
This fundamental question must be scientifically solved, and in such an in-depth approach that only philosophy, traditionally understood as “knowledge by its first and principle causes, obtained under the natural light of reason,” can give us the answer.
The current thesis takes up the problem of knowledge and its theories of being and truth, to later contrast them with various juridical currents. Two different paths, processes and objects to reach the same conclusion. The result wasn’t easy, but we believe we contributed with a juridical theory with seven rules of truthfulness, that from our humble point of view, solves the conflict over Law, its essence and properties.
What is Right? What is Law? Does a juridical science exist? Does a true theory of Law exist or does each one of us have their own truth? These were the central questions we tried to answer in the current thesis; to demonstrate through reason the considerations raised here and to somehow contribute in a positive way to the growing relativism of this subject.

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Publish date: Jul 11, 2013
Added to Scribd: Jul 15, 2013
Copyright:Traditional Copyright: All rights reservedISBN:9781463352035
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