Lorenz Kaehler (University of Bremen – Faculty of Law) has posted What Is the Ideal Dimension of Law? on SSRN. Here is the abstract: Law is, in many regards, non-ideal, as it almost always falls short of the best that one would agree about in an ideal world. Nevertheless, in several ways, it has an ideal dimension. Moral ideals could, more or less, be realised in it, just as they might be realised to a greater or lesser degree in the social sphere. Insofar law has the dimension of moral ideality.Independent of this, law might establish its own ideals, which might also be realised to a greater or lesser degree in its own norms and the social sphere. Nothing guarantees that its own ideals be totally in accord with morality. But this does not take away their character of an ideal. In order to understand a legal system, it is not enough to pay attention to its rules and moral ideals. In addition, one has to take seriously the ideals that the law pursues. Law might thus have…
Read more detail on Recent Legal Theory posts –
