Abstract

RIOFRIO MARTINEZ-VILLALBA, JUAN CARLOS. METAPHYSICAL UNITY AND ORDER OF THE LEGAL SYSTEM. Díkaion [online]. 2014, vol.23, n.2, pp.299-326. ISSN 0120-8942.  https://doi.org/10.5294/DIKA.2014.23.2.5.

Unity and order, two constitutive characteristics of the legal system, are analyzed in this work from the perspective of a realistic metaphysics, based on a systematic, deductive and qualitative approach. The four types of causes that can support the unity and order of the legal system are analyzed to that end. the scope of this method makes it possible to gather along the way the wisdom of the neo-Kantians, Kelsen, Austin, Luhmann and other authors who have studied the subject. The different notions of the legal system and its main characteristics are shown, and the article examines how the four metaphysical causes give unity to the legal system and how they give it order. the article ends with several synthetic conclusions.

Keywords : Legal system; unity; order; metaphysics of law; philosophy of law.

        · abstract in Spanish | Portuguese     · text in Spanish     · Spanish ( pdf )