頁籤選單縮合
題名 | 關於法律的一些思考=Some Considerations About Law |
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作者 | Miranda,Jorge; |
期刊 | 行政:澳門政府雜誌 |
出版日期 | 19980600 |
卷期 | 40 1998.06[民87.06] |
頁次 | 頁573-583+659-660 |
分類號 | 580 |
語文 | chi |
關鍵詞 | 法律; |
英文摘要 | Law as an act of legislative function--or being, so many times, in close connection with law, as Law decreed by State--is part of one of the frequent themes of the "Juspublicista" science and, before and beyond the latter, is part of the political and juridical philosophy. Its essence, its foundation and its limits, its relationship with welfare or with the principle of the political unity and authority have been researched since Antiquity. The most significant concepts about State and Law reflect necessarily on the different ways of understanding of what law is (or should be). Hence in the last centuries law was considered as: --Law, as the regulation of reason (S. Thomas de Aquina and in a certain way Suarez); --Law, as the sovereign's will (Hobbes); --Law, as the guarantee of civil freedom and propriety (Locke); --Law, as connected with division of power and equilibrium of organizations (Montesquieu); --Law, as the expression of the general will (Rousseau); --Law, as rational will (Kant); --Law, as a tool for general use and happiness (bentham); --Law, as the immediate manifestation of a sovereign power (Austin); --Law, as a tool for class poer (Marx, Engels); --Law, as a group of norms following in importance the Constitution(Kelsen); --Law, political council (Schmitt). But the law issue is part of the power general issue. The organization of the society and the power to rule it confronts law. It is not by chance that Locke considers the legislative power as the first power because it determines the differenct form of government. Nor is it by chance that, though refusing the separaton of powers, Rousseau agrees that there is a difference between the legislative function and the executive function, stating that the former is the only sovereign power. Or, that, on the contrary, Montesquieu wants to limit it. |
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