Foundations of Law and Political Systems

Foundations of Rationalist and Natural Law

Why Rationalists Believe in Equal Rights?

Rationalists assert that all individuals possess the same human dignity and rights because humans are rational beings.

Defining the Law of Nations

The Law of Nations is the former name for International Law. Its precursors include the Spanish philosophers Francisco de Vitoria and Suárez.

Foundation of Rationalist Positive Law

Rationalist positive law is based on Natural Law, which posits that humans are able to distinguish, through reason alone, what is inherently good or bad.

Function of Rational or Natural Law

The function of rational law (or natural law) is to correct positive law to ensure it is fairer and more just.

Historical Context in Legal Theory

This theory emphasizes that law must consider not only Natural Law (an a priori of reason) but also the history and specific circumstances of each society.

Hobbes' Basis for Individual Rights and the State

Thomas Hobbes based:

• Individual Rights: On the need to ensure the individual's life (self-preservation).
• The State: On the need for territorial expansion and security. This concept, in the context of state expansion, bears resemblance to the idea of "living space" as proposed by him.

Why Evolutionists Link Law and Force

This perspective is based on the idea of evolution, where life is defined by the struggle for existence. Therefore, law is sometimes identified with force, ensuring the survival of the fittest.

Periods Dominated by the Organismic Vision of Society

The organismic vision of society (where society is viewed as a single body) was typical of the Classical Ancient World and the Middle Ages.

• In Ancient Greece, this view coexisted with democratic ideals.
• In the Middle Ages, it was used to elevate the power of an absolute monarch, whose authority was often justified by divine origin.

Defining Socialization

The ongoing educational process by which individuals integrate into society is called Socialization.

Political Systems and Sovereignty

Legitimacy Versus Legality

The difference between these concepts is crucial:

• Legality refers to adherence to established law, but a legal act is not always fair or legitimate.
• Legitimacy implies that the act or authority is inherently just and morally acceptable.

Foundations of the Monarchical System

The monarchical system is fundamentally based on lineage, tradition, and inheritance.

Classifications of Monarchy

There are several types of monarchies:

• Absolute Monarchy: The sovereign concentrates all three powers (executive, legislative, judicial).
• Constitutional Monarchy: The legislative power is exercised by the monarch in cooperation with the parliament.
• Parliamentary Monarchy: The monarch holds a largely symbolic function, with real power resting in the elected parliament.

The Spanish Monarchy

Spain operates as a Parliamentary Monarchy.

Where Sovereignty Rests in a Democracy

Sovereignty in a democracy rests with the people (the citizenry).