The Interpretation of the Nature of Law in Hegel's Philosophy Cover Image

The Interpretation of the Nature of Law in Hegel's Philosophy

Author(s): Rūta Marija Vabalaitė
Subject(s): Philosophy
Published by: Visuomeninė organizacija »LOGOS«
Keywords: law; freedom; custom; natural rights; positive law

Summary/Abstract: The article deals with Hegel's theory of the nature of law. The interpretations of common and positive law, the attempt to point to a limit between laws and ethical norms, the problem of the completeness of a statute-book, the destination of a punishment, the mechanism of the administration of justice are described. Hegel maintains that laws come to existence when customs are collected and systematised. Customs are an outcome of the free spirit and the creation of its world of freedom. That world is thoughts on the existence and actions of individual persons, it is like the spiritual foundation of their interrelations. Hegel criticises doctrines of natural law pointing to fictitious perfect natural conditions as opposite to a legally restricted state. Law, rights, freedom and duty are various parts of civil intercourse. Hegel upholds the individualist view in the theory of formal or abstract law. But he shifts to a holistic position when analysing the law of the state. The theory emphasises the need for codified law and warns against taking untenable cases to court.

  • Issue Year: 2006
  • Issue No: 46
  • Page Range: 64-71
  • Page Count: 8
  • Language: Lithuanian