Thursday, May 12, 2005

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ETHICS LAW or LAW WITH ETHICS? Reflections.

In the legal ethics seminar in the UCAB (2004-2005), we thought about ethics and law. One wonders: Ethics of law? Ethics Law? Ethically right?. These are questions whose answers will necessarily lead to philosophical thinking. it is necessary to react critically to the trends that seek to separate ethics and law. It is increasingly urgent that moral values \u200b\u200bare operating in the legal field, especially in fields as related to the same person as the life and family, access to work, living in a context of social pluralism, and so on. At the same time, you should be aware of the depth and cultural significance of the problems. The fundamental issue of our time is on the separation and independence that would be established between ethics and law. Undoubtedly there are mutual influences: the legal world welcomes and encourages certain moral values \u200b\u200boften talk about moral issues in the field of system development of standards and the administration of justice. Despite this, it has become very common conceived the idea that ethics and law as two systems of regulating human behavior, which would be independent of each other. "This mutual independence, taken to its logical conclusion, implies the thesis of a radical pluralism, not only between ethical and moral system system, as two ways to assess and guide the action of man but also between ethical systems and legal systems (in plural) in the range of possible variants empirically observable. One paradox of this perspective is the fact that, whereas in the past more easily perceived universality of ethical principles and what is more differentiated were captured as legal in the positive side, today the most radical instance ethics would be plural, and change in the law breaks through the aspiration to international unity, as required by the growing globalization "(Erra, 2004). Despite the contradictions between the authors know that talk of Ethics and law, ethics and law are still standing, as many their budget targets are accepted at least implicitly and in fact. As is known, in the last years of his long life, Kelsen worked on developing a general theory of rules, which would include not only legal but also moral. For it can only be considered positive norms, moral or legal, which would be the product of a human act of will. Voluntarism in the design of laws go so far in the last Kelsen, who deny the application to the rules of the principles of traditional logic, such as non-contradiction. The plurality reaches a peak and unsuspected, may be two conflicting rules, equally valid, within the same regulatory system. These rules are represented rather as opposing forces that a collision-Kelsen uses the metaphor of a train collision-determine what will be the norm rather than the facts will prevail. Kelsen consistency just in pure irrationality. No wonder it is only passable route will, of the agreements. This possibility is nowadays almost always the human appeal of social peace, but without managing to forget that, if unrecognized previous objective content to the human will, the agreement can hide and pretend to justify the harsh reality of the arrogance of stronger. One wonders: Ethics is the law or the law of ethics? Student List of the 5 th year of Law, Section Night of the Catholic University Andrés Bello (2005): Alvarez Zuleva, Aranda Juan, Arcia Maria, Arteaga Marcos, Bello Isabel Benavides Andrès, Bergolla Luis Carvallo Maria, Chataing Johan, De Oteiyza Sophie Nelson Dordelly-Rosales, Miguel Espinoza, García Mariela García Verónica Gil Sylvia, Catherine Guerrero, Guevara Marcia, Josè Hernandez, Hinestrosa Diego, Daniela Jaramillo, Mary Jasper, Màrquez Marlo, Martinez Andreina Marturet Lorenzo, Mary Medina, Mendoza Federico Fabian Miralles, Rosy Navarro, Ana Osuna, Guillermo Oliva, Rafael Saggese, Mary Sigala, Tartare Carlos, Milagros Teràn, Vàsquez Agatha, Viloria Eliomar, Wallis Carmen, Witherill Joshua.

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