Understanding the Philosophical Foundations of Democracy and Law

Unit 13: Philosophical Basis of Democratic and Legal Status

Law is the system or set of norms, rules, and laws that order and organize human behavior and coexistence in a group or society.

Legal Rules

• Require and prescribe
• Are enacted by the state
• Ensure and support their implementation
• All obligations are to be general

The Purpose of the State

The purpose of the state is mainly directed to:

1. Social peace
2. The relationship between equal citizens
3. Safety
4. Protection and guarantee of fundamental rights
5. Freedom and justice

Division of Law

1. Objective / Subjective
2. Public / Private
3. Natural / Positive

Iusnaturalism

Iusnaturalism argues that there is a natural right that corresponds to the law of nature, which must be met to be what it is we own.

Positivism

Positivism, by contrast, argues that laws are right in that society and at the time of their enactment, and when not working, are to be replaced by more effective ones.

Justice

Justice means adjustment, a fair adjustment. One purpose of the law is attempting such an ideal of justice: that everyone gets their own, what is proper according to their ability and merit. Although unrealistic, it is counseling.

Functions of Justice

1. Generative principle of law and valuation approach planning
2. Rational argument against illegitimate power
3. Ideal (utopia) of performance

The ideal performance of right will consist of the gradual recognition and consolidation of human rights (environmentalism, feminism, pacifism, etc.).

State

State is the unit that organizes political, institutional, and legal (law) aspects of a company, seeking justice and ensuring the rights of citizens.

The separation of powers, the lawful operation of government, the guarantee of fundamental rights and freedoms of citizens, and the realization of justice are indispensable functions under the rule of law.

Forms of Rule of Law

1. Liberal state of law
2. Social state of law
3. Democratic rule of law

Spain = Social and democratic state of law

Democracy

Democracy means rule by the people (citizens), by the people (political representation), and for the people (all corporate).

Connotations of Democracy

1. Be a participation process that meets the principle of the majority without the expense of minorities, the result of political pluralism that demands commitment, you need to form public opinion, which state powers are independent of each other, and that the government is under control.
2. Be a system of rights
3. Be an ethical justification for its representation and promotion of goods and values that serve to legitimize the rule of law