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Ivan Padjen orcid id ; Pravni fakultet Sveučilišta u Rijeci, Rijeka, Hrvatska

Puni tekst: hrvatski pdf 149 Kb

str. 108-134

preuzimanja: 596



How is law as both a set of standards of conduct and a way of reasoning related
to politics, economy and culture? The approach to the problem taken
in the paper is practical and instrumental rather than theoretical for its own
sake. The aim is to appraise the subject-matter with a view of facilitating its
change towards the basic values of the inquiry. Since the values are postulated
by a stipulative definition of law, which implies relations of law to politics,
economy and even culture, it may appear that the approach unduly trivializes
rather than solves the problem. The approach may nonetheless be valid, if the
stipulated definition of law is sufficiently integral, that is, inclusive. To that
end the paper attempts to integrate into the stipulated definition of law three
major philosophical traditions, which are still building blocs of – and hence
the keys to – contemporary doctrines and cultures. In the classical (ontological)
key (which is analysed in the first part of the paper) law is conceived of
as a constituting and correcting aspect of the whole consisting of politics,
economy, law and religion qua centerpiece of culture. In the modern (epistemological)
key (analysed in the second part of the paper) ideas of law range
from the conceptions that law is the constituent of modern social systems and
hence an indispensable means of identifying modern social phenomena to the
theories that law, as well as politics, economy and culture, is a phenomenon
reducible to its natural causes. In the contemporary (linguistic) key (also in the
second part), law, which is the constituent even of religion, can be understood
only from within of the culture – including politics and economy – into which
it is woven. The three traditions differ most markedly in their views of the
contact between reason and action. In contrast to the classical tradition, which
recognizes that reason can be action guiding, reason and action are in the
epistemological key separated by a logical gap, whereas in the linguistic key
they are hardly distinguishable. The triple solution of the problem of inquiry
increases both heuristic and practical potentials of the stipulated definition of
law. By integrating diverse philosophical traditions, the definition is serviceable
to the integrity of a pluralistic legal order, that is, to achieving the postulated
basic values within limits of the law. However, the approach taken in
the paper, while more inclusive than more partisan approaches, is still merely
an approach, which is in the final analysis also partisan. Moreover, when seen
from a culture that has not been integrated by the definition, the approach may
be parochial or even inimical.

Ključne riječi

law, politics, economy and culture, social sciences and humanities, university

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Podaci na drugim jezicima: hrvatski

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