The Significance of Pure Theory of Law for Ethicalization of Law
The current article is dedicated to the significance of the Pure Theory of Law for current legal thinking. This question will be viewed from an unusual perspective, aiming to reveal the efforts of biomedical practices and technologies with regard to the legal regulation. In the current legal scienc...
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| Format: | Article |
| Language: | English |
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University of Latvia Press
2018-08-01
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| Series: | Law: Journal of the University of Latvia |
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| Online Access: | https://journal.lu.lv/jull/article/view/149 |
| _version_ | 1798027198683152384 |
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| author | Tatiana Machalová |
| author_facet | Tatiana Machalová |
| author_sort | Tatiana Machalová |
| collection | DOAJ |
| description |
The current article is dedicated to the significance of the Pure Theory of Law for current legal thinking. This question will be viewed from an unusual perspective, aiming to reveal the efforts of biomedical practices and technologies with regard to the legal regulation. In the current legal science several theoretical attempts are made to deal with the transmission and transformation of non-legal (moral) standards into law. As an example, the author would like to point out the project called „Ethicalization of law“, developed in the last years by German and American legal scholars. The following article is divided into three parts. The first part contains a brief introduction of the initial methodological starting points of the ethicalization of law. The second part provides discussion of some of the methodological (legal-dogmatic) weaknesses of the legal regulations in the area of biomedical practices and technologies, while the final part shows that the Kelsen´s principle of purity can be a useful doctrinal basis for the ongoing attempts dedicated to the ethical transformation of law.
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| first_indexed | 2024-04-11T18:47:19Z |
| format | Article |
| id | doaj.art-5db9ac3304d845b88622b08568c81c66 |
| institution | Directory Open Access Journal |
| issn | 1691-7677 2592-9364 |
| language | English |
| last_indexed | 2024-04-11T18:47:19Z |
| publishDate | 2018-08-01 |
| publisher | University of Latvia Press |
| record_format | Article |
| series | Law: Journal of the University of Latvia |
| spelling | doaj.art-5db9ac3304d845b88622b08568c81c662022-12-22T04:08:35ZengUniversity of Latvia PressLaw: Journal of the University of Latvia1691-76772592-93642018-08-011110.22364/jull.11.02The Significance of Pure Theory of Law for Ethicalization of LawTatiana Machalová The current article is dedicated to the significance of the Pure Theory of Law for current legal thinking. This question will be viewed from an unusual perspective, aiming to reveal the efforts of biomedical practices and technologies with regard to the legal regulation. In the current legal science several theoretical attempts are made to deal with the transmission and transformation of non-legal (moral) standards into law. As an example, the author would like to point out the project called „Ethicalization of law“, developed in the last years by German and American legal scholars. The following article is divided into three parts. The first part contains a brief introduction of the initial methodological starting points of the ethicalization of law. The second part provides discussion of some of the methodological (legal-dogmatic) weaknesses of the legal regulations in the area of biomedical practices and technologies, while the final part shows that the Kelsen´s principle of purity can be a useful doctrinal basis for the ongoing attempts dedicated to the ethical transformation of law. https://journal.lu.lv/jull/article/view/149Pure Theory of LawHans KelsenNormative Theory of Lawlegal ethicsethicalization of lawprinciple of purity |
| spellingShingle | Tatiana Machalová The Significance of Pure Theory of Law for Ethicalization of Law Law: Journal of the University of Latvia Pure Theory of Law Hans Kelsen Normative Theory of Law legal ethics ethicalization of law principle of purity |
| title | The Significance of Pure Theory of Law for Ethicalization of Law |
| title_full | The Significance of Pure Theory of Law for Ethicalization of Law |
| title_fullStr | The Significance of Pure Theory of Law for Ethicalization of Law |
| title_full_unstemmed | The Significance of Pure Theory of Law for Ethicalization of Law |
| title_short | The Significance of Pure Theory of Law for Ethicalization of Law |
| title_sort | significance of pure theory of law for ethicalization of law |
| topic | Pure Theory of Law Hans Kelsen Normative Theory of Law legal ethics ethicalization of law principle of purity |
| url | https://journal.lu.lv/jull/article/view/149 |
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