Legal Norms and the Common Good: A Comprehensive Analysis

Classified in Philosophy and ethics

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Legal Appeals and Deadlines

  • When there is no appeal against it.
  • When claims have not been brought within the period provided by law.
  • When claims were brought within the legal deadline and have been resolved.

The Common Good

The Common Good is a set of spiritual, cultural, and material conditions necessary for society to establish a just order and facilitate reaching a transcendent state.

Categories of Goods

  • Values of Justice and Charity: Promoting freedom, peace, brotherhood, solidarity, and justice.
  • Property and Cultural Values: Progress in health, education, and the arts.
  • Material and Economic Assets: Production and distribution organized to benefit the community.

Structure of Legal Standards

  • Grammar: Language.
  • Logic: Judgments.
  • Material: Legal relationship.

Logical Structure of Trials

According to Pacheco, judgments are mental acts through which we think a statement. Williams defines them as a link between concepts where the predicate asserts or denies something about the subject.

Georg Von Wright and Standards

Von Wright categorizes expressions used as standards, including:

  • Technical standards (rules).
  • Prescriptive standards.
  • Ideal standards.
  • Customary rules.
  • Moral standards.

Components of Requirements

  • Character
  • Content
  • Application Conditions
  • Regulatory Authority
  • Normative Subject
  • Application Occasion
  • Enactment
  • Punishment

Traditional Doctrine and Hans Kelsen

Traditional doctrine indicates a legal standard is an order issued by the state in the form of categorical judgments: S must be P.

Critiques and Kelsen's Perspective

Hans Kelsen argues that a legal norm is characterized as an imperative mandate for public officials to apply coercive sanctions. He views law as a dynamic system of norms.

  • Secondary Standard: If A, then P.
  • Primary Standard: If S, then P.

For Kelsen, the most important element is the coercive sanction. He asserts that primary rules are fundamental, as the sanction is the essential component of the legal description.

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