Abstract

CASTANO B, ALEJANDRO. CONDUCT AS A CONFIGURATING ELEMENT IN THE CONCEPT OF LAW: THE SCOPE OF ITS APPLICATION AS THE FIRST ANALOGUE IN PRACTICAL PHILOSOPHY. Díkaion [online]. 2011, vol.20, n.2, pp.327-346. ISSN 0120-8942.

Research on the concept of law implies taking into account the existence of multiple epistemological models. It is important not only to understand this epistemological dispersion at the philosophical level of the law, legal science and the classification of knowledge; it also directly involves considering the polysemy of the concept of law. In natural law in general, this elucidation implies broaching the relationships that exist between justice and the different components of the legal world. At present, that relationship between justice and law has given rise to numerous explanations. For Rodolfo Vigo, the concept of law can be understood as the relationship between two or more persons pursuant to what Finance proposed. On the other hand, Vigo himself suggests that some authors, such as Suarez, maintain the concept of law can be defended in its most reliable sense as subjective law. This also could refer to the just or fair proportion of assets that are distributed among the members of a society, pursuant to M. Villey, or ultimately to opting for the constructing a definition based on the focal meaning of the law, as J.Finnis does in his work. The purpose of this article is to show how, in the new natural law, the relationship is of the same substance or inseparable from justice, since the notion of what is fair or just is directly related to the person, as inscribed in the philosophy of being. Specifically, in the work of Massini, human conduct stands out as the first analogue of the concept of law, a situation that implies not only an organization of the levels in the legal world, but also practical effects in the decisions to be adopted.

Keywords : Human conduct; concept of law; first analogue; practical philosophy.

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