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The function of moral norms in the legal system: The Krausists’s restoration of the fundamental concepts of law

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Manzanero D., Vázquez Romero J.

Human Affairs

2011

vol. 21

issue 1

70-85

There are multiple and diverse voices of jurists who have expressed their fear of the unrestricted power of law enforcement and have announced the crisis of the formalist sense of Law. The widespread reaction against the abstract and formalist character of the positivist theory of law manifested itself as the Krausist philosophy of law and was backed by the philosophy of Krause, Schelling, Hegel and the most recent Natural Law theories that seek to establish substantial criteria for moral action. This distrust was caused by the heteronomy of modest and obedient civil servants of the judicial order that rely on political balance of power in which nothing depends on the human bottom of institutions. Let us consider briefly the impressive analyses performed by different thinkers on this issue, which they considered characteristic of their era, but that continues to constitute a difficulty that challenges contemporary society.

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1 Human Affairs

1 Manzanero D.

1 Vázquez Romero J.

1 2011

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The function of moral norms in the legal system: The Krausists’s restoration of the fundamental concepts of law