IDEAS home Printed from https://ideas.repec.org/a/asr/journl/v10y2020i1p36-55.html
   My bibliography  Save this article

Totalitarianisms and the establishment of objective legal order Abstract: The order of liberal political systems is the result of the dialectic between objective and subjective. It is based on the understanding of freedom as a formal, constitutive condition of society. Totalitarianism denies this dialectic, while altering at the same time the objective and the subjective meanings of order. This is why they cannot be valid legal orders, either in the objective sense, or in the subjective sense. The purpose of our study is to analyze the arguments that support the idea that the “concrete” orders of totalitarian regimes cannot be considered objective legal orders. The arguments are structured in four directions of analysis: 1. basing totalitarian order on legitimacy eliminates the need for legality; 2. totalitarian order is not a system of norms, but one of forces; 3. in totalitarian orders the distinction between norm and measure is no longer made; 4. the rules generated by totalitarian order are no longer the result of any institutionalization. The conclusion that emerges from these arguments is that in totalitarian systems objective law does not exist validly. If the Nazi and the communist languages still retain the term “law”, totalitarian thinking destroys the very concept of law

Author

Listed:
  • Dan Claudiu Danisor

    (Faculty of Law, University of Craiova, Romania)

  • Madalina Cristina Danisor

    (Faculty of Law, University of Craiova; researchers at the Center for Fundamental Legal Research, Romania)

Abstract

No abstract is available for this item.

Suggested Citation

  • Dan Claudiu Danisor & Madalina Cristina Danisor, 2020. "Totalitarianisms and the establishment of objective legal order Abstract: The order of liberal political systems is the result of the dialectic between objective and subjective. It is based on the und," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 10(1), pages 36-55, March.
  • Handle: RePEc:asr:journl:v:10:y:2020:i:1:p:36-55
    as

    Download full text from publisher

    File URL: http://tribunajuridica.eu/arhiva/An10v1/2.%20D.C.%20Danisor,%20M.C.%20%20Danisor.pdf
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    totalitarianism; nazism; communism; liberalism; legal order; legality; legitimacy; validity.;
    All these keywords.

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K38 - Law and Economics - - Other Substantive Areas of Law - - - Human Rights Law; Gender Law; Animal Rights Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:asr:journl:v:10:y:2020:i:1:p:36-55. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Catalin-Silviu Sararu (email available below). General contact details of provider: https://edirc.repec.org/data/aseeero.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.