Law, Morality, and Religion: the concept of Law and its relations with other social orders.

Summary

In this video, the concept of Law is explored, focusing on its relationship with Morality and Religion. It defines Law as a system of norms that is systematic, normative, institutionalized, and coercive. The video distinguishes Law from Morality, which lacks coercive force, and Religion, which is based on divine authority. The script discusses how Kelsen's Pure Theory of Law emphasizes Law’s independence from moral content, while contrasting this with the 'Coherence Thesis' of Ronald Dworkin, which argues that Law requires a moral foundation. The video also addresses the complexities of applying moral values in the legal system and concludes with a call for further exploration in future content.

Takeaways

• 😀 Law is a system of social conduct norms that are coercively imposed to regulate life in society.
• 😀 Law is systematic, normative, institutionalized, and coercive. These four characteristics define its nature.
• 😀 According to Hans Kelsen's Pure Theory of Law, legal norms must be interpreted as part of a whole system.
• 😀 A legal system can be defined within specific spatial and temporal boundaries, such as Roman law or French law.
• 😀 Law influences its environment, and its structure and purpose are expressed through its functioning.
• 😀 Morality, like Law, is a social order, but it only evaluates behavior without using coercion or institutionalized enforcement.
• 😀 Religion historically overlaps with Law, especially in medieval times when Religious Law was practiced, such as trial by ordeal.
• 😀 The key difference between Law and Religion lies in the validity of norms and their hermeneutic dimension; religious norms are unquestionable, often based on divine authority.
• 😀 Law and Morality are formally related, both prescribing behavior, but Law is enforced through institutions with coercive power, while Morality lacks this feature.
• 😀 Kelsen rejected the Theory of the Ethical Minimum, arguing that Law does not need moral content to be valid.
• 😀 The debate between Kelsen and Dworkin revolves around whether Law requires a moral foundation to justify itself or if it can remain independent of morality.

Q & A

What is the definition of Law according to the script?

Law is defined as a system of norms of social conduct, which are coercively imposed to institutionally regulate life in society.

What are the four important features of Law highlighted in the video?

The four features are: systematic, normative, institutionalized, and coercive.

How does Hans Kelsen describe the system of Law in his Pure Theory?

Kelsen describes law as a system of norms that must be interpreted in relation to one another, forming a whole, and it can be delimited in both spatial and temporal terms.

What is the role of coercion in the definition of Law?

Coercion is often considered a last resort in law enforcement. While it is not seen as an essential feature, classical doctrine suggests that law's obedience is ensured through the potential use of force.

How does Religion relate to Law in the context of the video?

Religion has many points of contact with Law. In history, Religious Law influenced legal systems, and some countries still have systems where religion plays a central role in the law.

What is the difference between Law and Religion according to the speaker?

The key difference is in the validity of norms. Religious norms are considered unquestionable because they are based on divine authority, while legal norms are open to interpretation and modification by institutions.

What is the relationship between Morality and Law?

Morality, like Law, is a social order, but the main difference is that Law is coercive, while Morality simply approves or disapproves of behavior without enforced sanctions.

What did Kelsen say about the relationship between Law and Morality?

Kelsen argued that Law and Morality are formally related, meaning they both prescribe behaviors, but Law involves institutionalized norms with potential coercion, while Morality does not.

How does Kelsen’s Pure Theory of Law challenge the need for moral content in law?

Kelsen’s theory suggests that Law does not need moral content to be valid or fair. It is a system that functions independently of morality.

What is the Coherence Thesis and how does it relate to Law and Morality?

The Coherence Thesis, proposed by Ronald Dworkin, asserts that Law requires a moral foundation to justify its practices. It argues that legal practices should be reasonably justified by moral principles to ensure justice.