Promotional standards and functional theory of the law
DOI:
https://doi.org/10.5433/2178-8189.2020v24n2p189Keywords:
Promotional Standards, Functional Theory of Law, Positive Sanction.Abstract
The traditional protective and repressive conception of law can no longer explain the reality, which has undergone a radical transformation. This change came about through the transition from a pure liberal state to a welfare state called the welfare state. Bobbio clarifies that before the law was tied to the image of a state that set rules and an arbitrator, therefore also bound to a sanctioning and coercive action. The role of law in society has always been that of protecting certain interests by repressing deviant acts - from negative sanctions. However, with the new requirements of the welfare state, the law no longer only protects compliant acts, but also encourages innovative acts, based on promotional norms.
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Published
2020-07-31
How to Cite
Martins, L. G. C. (2020). Promotional standards and functional theory of the law. Scientia Iuris, 24(2), 189–193. https://doi.org/10.5433/2178-8189.2020v24n2p189
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