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- Title
Hegel: El derecho como Wirklichkeit y Sittlichkeit.
- Authors
González Díaz, J. Rafael; McCadden M., Carlos J.
- Abstract
Hegel developed a rigorous rights philosophy that is founded on overcoming legal formalism and subjectivism of individual preferences. His philosophy is not positivist but neither historicist nor sociological. It is affirmed as a scientific activity because it is based on logic and is demonstrated as an effective reality. Philosophy of Law exposes freedom throughout its three moments: abstract law, morality and ethicity. In the abstract law, the individual's formal freedom is affirmed, his legal personality, I declare that I am free and have "right" however, this is only effective when it is exposed and tested externally. The law demands the recognition of the community: a let do (laissez faire) and the granting of a benefit (prerogative) by the State. For Hegel, ethicity is the order that allows the relationship between free individuals in the social, economic or legal sphere. Therefore, the law is really effective in ethicity. In the political constitution and laws, people externalize practical rationality that is nothing more than the perfect union of the universal norm of culture and customs. Only in this way, the citizen recognizes himself and others in the universal law.
- Subjects
HEGEL, Georg Wilhelm Friedrich, 1770-1831; JURISPRUDENCE; FORMAL sociology; SUBJECTIVITY; JURISTIC persons
- Publication
Revista de Filosofía (0185-3481), 2020, Vol 52, Issue 149, p46
- ISSN
0185-3481
- Publication type
Article