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THE FUNCTIONS OF LAW AND THE ROLE OF LEGAL PRINCIPLES

THE FUNCTIONS OF LAW AND THE ROLE OF LEGAL PRINCIPLES by H. J. VAN EIKEMA HOMMES The phrase 'functions of law' is often understood to refer to a legalorder's capacity to realize certain nonjuridical purposes such as: the provision of a framework within which men might more easily and freely develop their human personality; the ordering of society; the establishment of conditions facilitating the satisfaction of men's individual and collective needs; the provision of social justice, of welfare, etc., etc. It may be doubted, however, whether law is to be properly apprehended from the point of view of its functions in the sense suggested. After all, these same functions can be equally weH ascribed to economics, morals, industrial development and what have you ... Accordingly we may, I think, justifiably conelude that these functions and purposes as such can shed no light whatsoever on the nature of law as distinct from that of economics, morals, industrial development etc. And if it be true that [aw, morals, economics etc., all of them alike and equally serve to introduce order to human society, enhance possibilities for the free development of human beings, and such like, then that which essentially distinguishes law from morals, economics, etc., is to be found only http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Philosophia Reformata Brill

THE FUNCTIONS OF LAW AND THE ROLE OF LEGAL PRINCIPLES

Philosophia Reformata , Volume 39 (1-2): 77 – Feb 20, 1974

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Publisher
Brill
Copyright
© Copyright 1974 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0031-8035
eISSN
2352-8230
DOI
10.1163/22116117-90001265
Publisher site
See Article on Publisher Site

Abstract

by H. J. VAN EIKEMA HOMMES The phrase 'functions of law' is often understood to refer to a legalorder's capacity to realize certain nonjuridical purposes such as: the provision of a framework within which men might more easily and freely develop their human personality; the ordering of society; the establishment of conditions facilitating the satisfaction of men's individual and collective needs; the provision of social justice, of welfare, etc., etc. It may be doubted, however, whether law is to be properly apprehended from the point of view of its functions in the sense suggested. After all, these same functions can be equally weH ascribed to economics, morals, industrial development and what have you ... Accordingly we may, I think, justifiably conelude that these functions and purposes as such can shed no light whatsoever on the nature of law as distinct from that of economics, morals, industrial development etc. And if it be true that [aw, morals, economics etc., all of them alike and equally serve to introduce order to human society, enhance possibilities for the free development of human beings, and such like, then that which essentially distinguishes law from morals, economics, etc., is to be found only

Journal

Philosophia ReformataBrill

Published: Feb 20, 1974

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