Value Path of Law
1st Edition
Published on 1. June 2012
Book
Paperback/Softback
160 pages
978-3-89665-580-6 (ISBN)
Description
Is it possible for law to squeeze out values, since the nihilism towards values leads towards the rejection of the major role of the law, which is the protection and realization of values? Does the legal norm, as the part of law turned into the command, really have for its goal to establish the behavior which carries out the values it contains?
As opposed to the law, there is a man able to ponder and wonder: Does he live in accordance with the legal norms only out of fear of punishment? Would it be possible for the government to establish the legal system which would be totally based on the fear of sanctions? Can that kind of legal system ever become a stable whole, or might it be destroyed by itself?
The answer to the question posed by St. Thomas Aquinas depends on the answers to the previously posed questions. The question posed by St. Thomas Aquinas is: Is the law made only for the evil and the wicked?
As opposed to the law, there is a man able to ponder and wonder: Does he live in accordance with the legal norms only out of fear of punishment? Would it be possible for the government to establish the legal system which would be totally based on the fear of sanctions? Can that kind of legal system ever become a stable whole, or might it be destroyed by itself?
The answer to the question posed by St. Thomas Aquinas depends on the answers to the previously posed questions. The question posed by St. Thomas Aquinas is: Is the law made only for the evil and the wicked?