Article(electronic)2013

Philosophy of Law - the Concept of Legitimacy and Modern Constitutions

In: Rechtspolitisches Forum, Volume 63

Öktem, Niyazi; Institut für Rechtspolitik an der Universität Trier

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Abstract

In his article, the author asks how legitimacy of law and the concept of rules of law can be described taking into account the interaction between aspects of philosophy and sociology as well as the will of the state in states' constitutions. As the rule of law, versus other kinds of rules in our society, should be regarded as a rule of "three-dimensionality" - an interaction between the will of the state, the social, historical, and economic factors, and the idea or concept of justice -, the author focuses his interest on the examination of these three factors always taking into account that law is the will of the state, but that not every decision of the state can be considered as law.

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