Publication details
Die Bedeutung der Reinen Rechtslehre für die Ethisierung des Rechts
| Title in English | The Significance of Pure Theory of Law for Ethicalization of Law |
|---|---|
| Authors | |
| Year of publication | 2018 |
| Type | Article in Periodical |
| Magazine / Source | Journal of University Latvia "Law" |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Doi | http://dx.doi.org/10.22364/jull.11.02 |
| Keywords | Kelsen; The Pure Theory of Law; Ethicalization of Law |
| Attached files | |
| Description | The current article is dedicated to the significance of the Pure Theory of Law for current legal thinking. I will answer this question from an unusual perspective. It is the perspective that try to open up the efforts on the legal regulation of biomedical practices and technologies. In the current legal science have became known several theoretical attempts, which deal with the transmission and transformation of non-legal (moral) standards into law. As an example, I want to point out the project called „Ethicalization of law“, which was developed in the last years by German and American legal scholars. The following article is divided into three parts. In the first part, I will briefly introduce the initial methodological starting points of the ethicalization of law. In the second part, I will discuss some of the methodological (legal-dogmatic) weaknesses of the legal regulations in the area of biomedical practices and technologies. In the last part, it is shown that the Kelsen´s principle of purity can be a useful doctrinal basis for the ongoing attempts about the ethical transformation of law. |