The Structuring Principles of Society in the Right: Fundamentals for Applying a Legal Theory That Forms the Right
Year: 2025
Type: article
Abstract: This work proposes a legal theoretical line of a psycho-anthropological nature, which allows us to support the hypothesis that the principles of security and equality originate in the instinct of self-preservation and structure the right. A legal theory is necessary to form the right that articulates these principles and operates them only within the formal ideal order. The purpose of the right is to finish forming social relationships within an ideal order, and in symbolic terms, and integrate them into the "Social Pact,” thus maintaining security in relationships. To form these ideal, symbolic social relationships and provide them with security, it is necessary to form the right by applying the principle of equality. This principle of equality is the formative element of social relations and, therefore, of law. This ideal equality can only be applied through a formal logical ideal legal theory, adapting to the ideal order of the concepts of Hans Kelsen's pure theory of law (right).
Source: Social Sciences
Authors: Maria Fernandez, Antonio Barcellós
Institution: Universidad de Salamanca
Language: English
Topic: Legal and Social Philosophy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4410145525