By Luc J, Professor Wintgens
This booklet establishes legisprudence, not like jurisprudence, as a criminal thought of rational law-making. It means that by way of rejecting the typical knowledge in regards to the nature of political law-making, laws can be more advantageous and streamlined. utilizing the tools, theoretical insights and instruments of present felony thought and philosophy of legislations in a brand new approach, the booklet indicates the production of legislations via legislators instead of govt. elevating new questions and difficulties of the validity of norms, the publication opens a brand new viewpoint on legitimacy of norms, their that means and the constitution of the felony approach. In distinguishing legitimacy and legitimation of legislations, the ebook ventures into the philosophical roots of felony conception and indicates the articulation of a brand new notion of sovereignty. In moving the emphasis to the location of the legislator and laws, this e-book opens a couple of new insights into the connection among legislative difficulties and felony idea. Its major declare is that laws could be justified by way of the legislator.
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Additional resources for Legisprudence: Practical Reason in Legislation
The existence of the lex aeterna can be observed within the order of reality, as a sign of God’s wisdom. According to this version, God is free to create, but not free to create whatever he wants. Were he free to create whatever he wants, then he could destroy the order of reality as it is contained in the lex aeterna. This would involve a contradiction which even God’s will cannot afford because he is bound by the principle of non-contradiction. The priority of intellect over will in God, as Aquinas pointed out,32 may itself be hard to grasp, because it limits God’s freedom even if this is understood as a selflimitation of God.
Both models share the necessity of complying with the principle of non-contradiction. No rational discourse about God, in whose existence the faithful believe, or about the world can include a proposition that something ‘is’ and ‘is not’ at the same time. From this perspective, it does not matter whether it is faith or natural reason that is at the basis of the discourse. The Metaphysics of Legalism 25 Apart from these two types of discourses, the question arises as to whether the principle applies to the Creator himself?
A priority of intellect over will would involve the former directing the latter which is, as a result, less perfect. Creation therefore is radically contingent or undetermined. Due to his omnipotence, God even has no reason to create. Due to the world’s radical contingency, only what logically cannot be created also ontologically cannot exist. Even if God is omnipotent, his will must respect the principle of non-contradiction. Conversely, anything that is not logically contradictory could exist.